Law: Land Acquisition Act, 1894

Section: 18,23

Land Acquisition Act (I of 1894)--- ----Ss. 18 & 23---Reference to court---Enhancement of compensation---Market value---Determination of---Procedure---Proximity of property to the surrounding area was the best possible touchstone to ascertain its market value---Suit property was being acquired for construction of Police Lines which was yards away from the judicial complex of the district---Potential value of land in question was much higher than any other area in the proximity---High Court had already fixed Rs. 14,00,000/- per kanal as market value of the property acquired for construction of same Police Lines according to prevailing rate in the year 2013---Award in the said cases was announced on 10-09-2004 which was about nine years earlier---Present award was also issued for construction of Police Lines but it was earlier to the said award of 2013---Rate of suit property prevailing during the year 2004 was to be considered for determination of its market value---Referee Judge had referred a document for determination of market value of suit property but had failed to note that the market value assessed in the said document was different from the rate fixed---Court had either to accept or reject a document as a whole---Referee Judge had committed material irregularity and illegality while fixing Rs. 223190.48/- per kanal as compensation of suit land---Inflationary trends in the market was also to be considered while fixing compensation of acquired land---High Court fixed market value of the land at Rs. 250817.38/- per kanal in addition to 15% compulsory acquisition charges---Impugned passed by the Referee Judge was modified---Appeal was allowed in circumstances. Sardar Muhammad Ashraf deceased v. Government of Khyber Pakhtunkhwa 2011 SCMR 1244; Government of Pakistan v. Ghulam Murtaza 2016 SCMR 1141 and Province of Punjab through LAC and another v. Begum Aziza 2014 SCMR 75 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD NASIR MAHFOOZ, JUSTICE:---.- -- Through this single judgment, I propose to dispose of titled RFA as well as; 1) R.F.A. No. 79-M/2012 titled Noor Habib and others v. District Collector District Revenue Officer, Buner and others. 2) R.F.A. No.…

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