Law: Land Acquisition Act, 1894

Section: 18,23

Land Acquisition Act (I of 1894)--- ----Ss. 18 & 23---Reference---Market value determination of---Procedure---No sale mutation had been attested in the mouza in which land was acquired till the initiation of acquisition process which could be one of the factors to determine just and fair market value of acquired land--- Evidence produced by the plaintiffs was not sufficient to determine the market value of suit property---Plaintiffs moved application for appointment of local commission but said application was dismissed---Just and appropriate price for compensation in absence of one year average price in the same mouza or adjacent mawazat could only be determined by appointing local commission---Impugned and decree passed by the Referee Judge was set aside---Case was remanded to the Trial Court with the direction to appoint local commission with the consent of both the parties for ascertaining market value of acquired land with reference to its location, potentiality, proximity to road, building sites and other relevant factors should also be considered. Land Acquisition Collector and others v. Mst. Iqbal Begum and others PLD 2010 SC 719 rel. THIS JUDGMENT PASSED BY: MUHAMMAD YOUNIS THAHEEM, JUSTICE:---.--- Through instant regular first appeal the appellants have assailed the judgment and decree dated 16.11.2009 rendered by learned Additional District Judge-II, Nowshera, whereby their objection/reference petition has been dismissed. 2. Brief facts of the case are that vide Award No.908-14 announced on 20.09.2008 by the Collector Land Acquisition Nowshera, some landed property of appellants and others, was acquired for the construction of Jabba Khattak Dam and compensation of the acquired land was fixed @ Rs.3000/- Per Kanal for Ghair Mumkin/Banjar Qadeem, Rs.8000/- per Kanal for Barani and Rs.15000/- Per Kanal for Nalchahi. The said award is lying on the record as Ex.PW-5/1. Being aggrieved from the said compensation and determination of per kanal price of their acquired property, the land-owners preferred an application before the Land Acquisition Collector for referring the objection petition under section 18 of the aforesaid Act to the learned District…

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