Law:

Section:

Land Acquisition Act, 1894 (I of 1894)-- ----Ss. 18 & 23--Compensation of acquired land--Enhancement of compensation amount--Market value--Land was used only for agricultural and residential purpose of land--Acquired land was of superior kind and its compensation--Enhancement made by reference judge was totally in sufficient as compared to hike in price of properties--Discriminatory--Validity--If acquired land is sold for construction of a housing society, each plot of land could fetch same price in market, so, to determine compensation kind wise will not be a fair approach--Evidence has been produced that acquired land could potentially be used for commercial purpose irrespective of its kind-Whole land has been acquired for same purpose i.e for up raising/construction of dam, so, in instant case kinds of land become immaterial--So land under reference could potentially be used for commercial or residential purpose-When documents produced as evidence by appellants/petitioners are un-rebutted, particularly Valuation Table is not only un-rebutted rather admitted and land owners are entitled to get same market value of acquired land which was fixed by Collector though for a different purpose--Appeal was accepted. AJK Interim Constitution Act, 1974 (VIII of 1974)-- ----S. 42-B--Decision of Supreme Court--Question of law--Binding upon all other Courts of AJK--Compensation of amount-When Supreme Court fixed amount of compensation irrespective of any kind, then High Court had no reason to fix compensation amount kind wise, particularly, when it is admitted by Collector in award that whole acquired land is valuable. THIS JUDGMENT DELIVERED BY: MUHAMMAD SHERAZ KIANI, JUSTICE:---.--- The captioned partial appeal has been directed against the judgment and decree passed by the learned Reference Judge Mangla Dam Raising Project Mirpur, dated 19.12.2009 whereby the Court below while accepting the reference enhanced very little amount of compensation of the acquired land of the appellants. 2. Brief facts forming the background of the instant appeal are that respondents acquired land of the petitioners/appellants, herein, comprising Khewat Nos. 3, 6, 9, 103, 106, 112, 115,…

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