| 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.
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.
----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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