Law: Land Acquisition Act, 1894

Section: 18,20,50(2)

Land Acquisition Act (I of 1894)--- ----Ss. 18, 20 & 50(2)---Acquisition of land---Compensation, enhancement of---Non-joinder of necessary party---Landowners were not satisfied with the compensation determined by Land Acquisition Collector---Reference was made to Referee Court without impleading acquiring body as respondent to the proceedings---Referee Court partly accepted the Reference and compensation was enhanced to certain extent---Validity---Acquiring body, as contemplated in Ss. 20 & 50(2) of Land Acquisition Act, 1894, was necessary or proper party in the proceedings of the Reference filed by landowners for the purpose of determination of the compensation by Referee Court---By virtue of Ss. 20 & 50 of Land Acquisition Act, 1894, it was enjoined upon the Court not only to issue notice to acquiring body of land but also ensure its presence besides granting opportunity to lead evidence---Land acquiring body had all rights of a necessary parity to legal proceedings---High Court set aside the and decree passed by Referee Court and the matter is remanded for decision afresh after impleading acquiring body party to the proceedings---Appeal was dismissed in circumstances. Muhammad Zakria and 3 others v. Bashir Ahmad 2001 CLC 595 rel. JUDGMENT MUHAMMAD AMEER BHATTI, JUSTICE:---.--- Through this common judgment, we intend to decide the above two appeals as both are directed against the judgment dated 07.02.2018 passed by the learned Senior Civil Judge (Judl.), Lahore, whereby Reference under Section 18 of the Land Acquisition Act, 1894, filed by the appellants in R.F.A. No.208866/2018 (hereinafter called as 'the appellants'), stood partially accepted and the compensation awarded to them was enhanced and decreed @ Rs.12,00,000/- per marla along with 15% compulsory acquisition charges with 8% compound interest from the date of possession till actual payment. Additionally, the appellants were held entitled for compensation of loss of structure to the tune of Rs.1,00,00,000/- (Ten Million) with 15% compulsory charges. For clarity of facts, the Land Acquisition Collector etc. (appellants in R.F.A. No.218784/ 2018) are hereinafter referred to as 'the…

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