Law: Land Acquisition Act, 1894

Section: 18,23,4

Land Acquisition Act (I of 1894)--- ----Ss. 18, 23 & 4---Enhancement of compensation--- Market value---Determination of---Procedure---Report of local commission--- Scope--- Local commission suggested compensation amount as Rs. 1,50,000/- per marla---Referee Judge enhanced the amount to Rs. 75,000/- per marla along with 15% compulsory acquisition charges and 6% simple interest---Validity---Referee Judge adopting a cautious approach had not fixed amount of compensation at Rs. 1,50,000/- per marla as suggested by the local commission---Court below was justified in enhancing the amount of compensation as Rs. 75,000/- per marla---Land acquired was situated on the main road had potential value---While determining the amount of compensation not only market value was to be taken into account but the person being deprived of his land against his will was to be adequately compensated---No mis-reading or non-reading of evidence had been pointed out in the impugned passed by the Court below---Appeal was dismissed, in circumstances. Province of Punjab through Collector Bahawalpur, District, Bahawalpur and others v. Col. Abdul Majeed and others 1997 SCMR 1692; Haji Muhammad Yaqoob and another v. Collector, Land Acquisition/ Additional Deputy Commissioner, Peshawar 1997 SCMR 1670; Muzaffar Khan and 3 others v. Government of N.W..F.P through Secretary Education, Peshawar and 2 others 2016 CLC 1867; Fazalur Rahman and others v. General Manager, S.I.D.B and another PLD 1986 SC 158; Malik Aman and others v. Land Acquisition Collector and others PLD 1988 SC 32 and Nisar Ahmad Khan and others v. Collector, Land Acquisition, Swabi PLD 2002 SC 25 rel. JUDGMENT WIQAR AHMAD, JUSTICE:---.--- Through the instant Regular First Appeal, appellants have called in question judgment dated 09.01.2018 of learned Judge Referee Court/Additional District Judge-II, Nowshera vide which the objection petition filed by the objectors/ respondents under section 18 of the Land Acquisition Act, 1894 (hereinafter referred called as the Acquisition Act) was allowed to the effect that the amount of compensation was enhanced to Rs. 75,000/- per Marla along with 15% compulsory acquisition charges and 6%…

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