Case Details

Citation(s)
2021 SLG 332 2021 SLD 332 2021 YLR 110
Balochistan High Court
Regular First Appeal No. 78 of 2012, Decided on 23rd December, 2019, Date of hearing: 30th October, 2019.
MUHAMMAD HASHIM KHAN KAKAR, JUSTICE, ROZI KHAN BARRECH, JUSTICE
Shai Haq Baloch, Additional Advocate General ("A.A.G.") for Appellants. Najeebullah Khan Kakar for
Respondent.

DEPUTY COMMISSIONER (REVENUE)/COLLECTOR AND ANOTHER

VS

MEHRULLAH KHAN

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---Referee Judge enhanced compensation amount of acquired land from Rs. 100/- per sq. feet to Rs. 300/- per sq. feet along with 15% compulsory acquisition charges---Validity---Acquired land was situated near the road which was not only important for commercial purpose but for residential as well---Land Acquisition Collector had based his award on the average price for a period of one year---Criteria of one year average could not be made basis for assessment of compensation amount of acquired land---Land had been acquired in the interest of general public and compensation should be fixed in the light of criteria of a willing vendor and that of a needy vendee---Compensation awarded by the Land Acquisition Collector in its award was not according to legal and equitable criteria---Compensation amount of Rs. 300/- per sq. feet demanded by the landowner was proper, in circumstances---Land Acquisition Collector had not considered the record properly produced by the landowner---Impugned and decree passed by the Court below were in accordance with law and in consonance with evidence available on record---Appeal was dismissed, in circumstances.

Land Acquisition Collector and others v. Mst. Iqbal Begum and others PLD 2010 SC 719 rel.

JUDGMENT

ROZI KHAN BARRECH, JUSTICE:---.---

Feeling aggrieved and dissatisfied from the judgment and decree dated 10.04.2012 (hereinafter “the impugned Judgment”) passed by learned District Judge-III, Quetta, (hereinafter “the trial Court”) in Land Acquisition Reference No.02 of 2011 and the appellant/respondent filed this Regular First Appeal (“RFA”).

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