Law:

Section:

Land Acquisition Act, 1894 (I of 1894)-- ----Ss. 4, 18 & 23--Constitution of Pakistan, 1973, Art. 24--Issuance of Notification--Acquired land for extension of technical area--Award was announced for granting compensation--Filling of reference application for enhancement of compensation--Decreed--Appeal filed--Accepted--Matter was remanded--Dismissal of reference--Appeal--Allowed--Case was remanded again for discussion of oral and documentary evidence--Dismissed--Challenge to did not produce in evidence any document to prove average price fixed by revenue staff--Any official of Board of Revenue associated with fixation of average price was also not produced in evidence--Similarly, Land Acquisition Collector also chose not to enter witness box--DW-1 accepted fact that all affected persons filed objections on average price of land fixed by Board of Revenue before Land Acquisition Collector as was indeed mentioned in award itself--Award stated that affected persons raised objection that average price fixed by Board of Revenue was less than market price--Referee Court is not denuded of its powers to itself call in evidence revenue authorities to ascertain true location of land comprising in mutations relied on by appellant, which mutations otherwise pertained to period recognized as relevant by Section 23 of Act--Reference application shall be deemed to be pending before referee Court which shall pass a fresh decision thereon only in respect of claim preferred by appellant to extent of Maira/Rakkar land--Referee Court shall either itself or on application of appellant call additional evidence by summoning concerned revenue official together with official record for determining location of mutations relied on by appellant--Appeal was partially allowed. THIS JUDGMENT DELIVERED BY: Shams Mehmood Mirza, J.- This appeal is filed under Section 54 of the Land Acquisition Act, 1894 (the Act) challenges judgment and decree dated 27.06.2015 passed by the trial Court whereby the reference filed by the appellant for enhancement of compensation was dismissed. 2. Facts of the case in brief are that the Collector through Notification dated 21.10.1990 issued under Section 4 of…

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