Case Details

Citation(s)
2015 SLG 2196 2015 SLD 2196 2015 YLR 1920
Peshawar High Court
R.F.A. No. 404-P of 2010, decided on 11th February, 2015.
MALIK MANZOOR HUSSAIN AND HAIDER ALI KHAN, JJ
Jehanzeb Buneri for Petitioner. Sabir Shah, A.A.G. for
Respondents

AJMAL KHAN

VS

PROVINCIAL GOVERNMENT through Secretary and 8 others

Law:

Section:

Land Acquisition Act (I of 1894)--- ----S. 23---Acquisition of land--Compensation---"Market value" of land acquired, determination of---Determination of market value by Special Committee---Effect---Government selected land owned by petitioner for construction of Agricultural Research Center---Five members committee was also constituted to acquire the land that after holding several meetings fixed price of land at Rs. 275,000 per Kanal---District Collector fixed lower price that was contested before Referee Court---Referee court partially accepted objection petition of petitioner after framing of issues and appraisal of evidence--- Validity--- Government constituted high level committee for negotiating purchase rate with owner---Said committee unanimously fixed price at Rs. 275,000 per Kanal and land was selected out of five sites on basis of its soil texture and soil quality---Committee was authorized to fix market price and it had specifically mentioned in their report reason for fixation of higher price---Land was commercial in nature due to its location on road---District Collector had not considered potentiality of acquired land---Land was not acquired in accordance with approval of committee constituted for purpose of just and reasonable compensation---Appeal was allowed and market value of land was fixed at Rs. 275,000 per Kanal along with 15% compulsory land acquisition charges. JUDGMENT HAIDER ALI KHAN, J.---Through this single judgment we shall dispose of the instant appeal as well as R.F.A. No. 498-P of 2010 titled "Provincial Government of KPK and others v. Ajmal Khan" as both the appeals are the outcome of one and the same judgment and decree dated 31-7-2010 of the learned Senior Civil Judge/Referee Judge Land Acquisition, Buner. 2. Brief facts of the case are that land owned by the appellant comprising Khasra Nos. 3222 and 3223 measuring 15 Kanal and 16 Marlas situate in District Buner was selected by the Provincial Government for construction of Agriculture Research Center and for acquiring the same a five-members committee was constituted which after holding several meetings, unanimously decided to fix the price of the said land as Rs.2,75,000…
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