Law: Land Acquisition Act, 1894

Section: 18,23

Land Acquisition Act (I of 1894)--- ----Ss. 18 & 23---Reference to court---Compensation, enhancement of---Market value---Referee Judge enhanced compensation amount from Rs. 150,000/- per kanal to Rs. 350,000/- per kanal---Validity---Acquired land was situated at road side and same could be used for commercial purpose---Average value of land situated adjacent to the land in question was of Rs. 800,000/ per kanal at the time of acquisition---Collector Land Acquisition had paid less compensation amount to the landowner as compared to prevailing market rates---Market value of land and its potentiality was also to be considered for determining compensation---Fair compensation should be the value of the acquired property in open market, which a seller reasonably demanded from a purchaser---Collector Land Acquisition was to determine the value of land in open market at the relevant time---Collector Land Acquisition had fixed compensation of acquired land at the rate of Rs. 150,000/- per kanal which was against the provisions of Land Acquisition Act, 1894---Trial Court had failed to appreciate the evidence produced by the landowner and disbelieved the documentary evidence on presumptions and conjectures---Department had failed to rebut the sale deeds produced by the landowner---Compensation of acquired land was enhanced from 150,000/- per kanal to Rs. 800,000/- per kanal alongwith 15% compulsory acquisition charges by the High Court---Appeal was allowed, accordingly. THIS JUDGMENT DELIVERED BY: ALI BAIG, J.--- This civil 1st appeal is preferred by the appellant/ petitioner against the impugned judgment/decree dated 22-10-2015 passed by the District Judge/Referee Judge Ghizer in reference petition No. 03/2010-01/2015, whereby the leaned Trial Judge/Referee Judge has dismissed the reference petition of the present appellant/petitioner. 2. Succinctly facts giving rise to the filing of this civil 1st appeal are that the respondents had acquired a piece of land of the present appellant situated at Gahkuch city for construction of road from B&R PWD Office to Lalik Jan Shaheed Public School at Gahkcuh paeen and the respondent No. 2/Collector Ghizer issued/passed award…

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