Law: Land Acquisition Act, 1894

Section: 4,6,9,17(4),18,34

Land Acquisition Act, 1894 (I of 1894)-- ----Ss. 4, 6, 9, 17(4) & 18--Acquisition of Land--Extension of Pakistan Ordinance Factory Wah--Issuance of notification for purpose of acquisition--Notice for invitation to land owners for objection and claim for compensation--Opportunity of hearing--Determination of compensation--Giving of award--Compensation award--Supplementary award--Filling of references--Allowed--Enhancement of award--Appeals--Allowed--Consolidated Judgment--Case was remanded--Rejection of references--Appeals--Allowed--Matter was remanded again--Fixing of compensation award--Challenge to--Besides documentary evidence before us there is oral evidence of P.W-2 Barkat Ali Khan and P.W-3 Anayat Ullah--During statement of Anayat Ullah in cross-examination single question was put to him that all effectees were properly compensated, no part of his statement was rebutted or cross-examined--Position of P.W-2 is that on main points stated by him were not cross- examined--Needless to observe that a portion of statement which remains un-challenged in cross-examination is deemed to have been accepted--We are of view that categories made by Land Acquisition Collector of classification of land has no value for purposes of acquisition--Whole of landowners are to be compensated in accordance with potential value--Admittedly land was acquired for extension of Pakistan Ordnance Factory, therefore, potential value as well as market value of whole land will be same in our view and on basis of consideration of documentary evidence in shape of Ex.P-3, Ex.P-4, Ex.P-5, Ex.P-6 and Ex.P-14 and statements made by P.W-2 and P.W-3--Fix value of Rs.30,000/- per kanal for purposes of acquisition and compensation of acquired land--Needless to state that they will be entitled to 15% necessary acquisition charges as well as compound interest in accordance with Section 34 of Land Acquisition Act, 1894--Appeal was allowed. 2001 SCMR 974, PLD 2004 SC 512, 1997 SCMR 1670 & 1996 SCMR 1361, ref. THIS JUDGMENT DELIVERED BY: AMIN-UD-DIN KHAN, J.- Through this single judgment we intend to decide the instant Regular First Appeal as well as R.F.As at Sr. No.1 to 108 mentioned in…

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