Law: Land Acquisition Act, 1894

Section: 18,31,23

Law: Qanun-e-Shahadat (10 of 1984)

Section: 117,120

(a) Land Acquisition Act (I of 1894)--- ----S.18---Reference to Court---Administration of justice---Justice has to be not only swift but also fair---Court must examine preliminary objections to claim at the outset---Court, upon declaring objections valid, is relieved of its duty to take further proceedings in the matter and parties also stand discharged from further hassle. (b) Precedent--- ----Binding nature---Precedents are anchors of law---Respect and adherence to precedents is rule rather than exception---Supreme Court is the ultimate expositor of law, High Courts and others Courts are bound by its precedents---Not only owning obedience, but also of developing consistency in evenhanded administration of justice in Courts. Muhammad Saif Ullah v. Lahore Development Authorities and others PLD 2021 Lah. 168 rel. (c) Land Acquisition Act (I of 1894)--- ----Ss.18 31---Reference and compensation---Principle---Concept of consent and protest cannot go together, therefore, it is essential that whenever a person feels dissatisfied with amount of compensation determined in award, it ought to first raise its protest either by making application before Collector asking him to send reference to Court for determination of his objections or in alternative receive amount of compensation under protest, otherwise such person is precluded to make any grouse and taking out any proceedings. (d) Land Acquisition Act (I of 1894)--- ----S. 23---Compensation, determination of---Principle---Question to determine compensation payable, is market value at the relevant time---Best method of fixing market value is to find what a willing purchaser would pay to a willing seller. (e) Land Acquisition Act (I of 1894)--- ----Ss.18 31---Qanun-e-Shahadat (10 of 1984), Arts. 117 120---Acquisition of land---Compensation---Determination---Average value of previous sales---Potential value---Proof---Onus to prove/ landowners were aggrieved of award of compensation given by authorities and sought increase therein---Mutations of sale in recent past were produced by landowners to prove market value of land but Trial Court dismissed the reference and maintained the award---Validity---Landowners were to…

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