| Citation(s) |
|---|
| 2021 SLG 320 2021 SLD 320 2021 YLR 32 |
Peshawar High Court, Abbottabad Bench
R.F.As. Nos. 64-A to 71-A, 73-A to 80-A, 82-A, 83-A, 86-A, 87-A to 102-A and 105-A to 115-A of 2017, decided on 12th March, 2020, Date of hearing: 12th March, 2020.
AHMAD ALI, JUSTICE
Nasir Ayub Khan for Appellants. Javed Iqbal Sheikh for
Respondent.
R.F.As. Nos. 64-A to 71-A, 73-A to 80-A, 82-A, 83-A, 86-A, 87-A to 102-A and 105-A to 115-A of 2017, decided on 12th March, 2020, Date of hearing: 12th March, 2020.
AHMAD ALI, JUSTICE
Nasir Ayub Khan for Appellants. Javed Iqbal Sheikh for
Respondent.
LAND ACQUISITION COLLECTOR, E35 AND 2 OTHERS
VS
MST. RESHAM JAN
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---Local commission, appointment of---Referee Judge, in absence of any material had considered the date of announcement of award as date of taking over possession of suit land---Compensation was to be determined according to market rate of land prevailing at the time of taking over possession---Prices of adjacent lands were substantial factors to determine market value of acquired land---Potential prospects, future use of land and its commercial and residential activities were also to be taken into account while determining compensation--- Local commission was to be appointed to determine market value prevailing at the time of taking over possession of acquired land---Impugned was set aside by the High Court and case was remanded to the Trial Court with the direction to appoint local commission for determination of market value of suit property---Appeal was allowed, accordingly.
Murad Khan through his widow and 13 others v. Land Acquisition Collector, Peshawar and another 1999 SCMR 1647; Province of Punjab v. Jamil Ahmad Malik 2000 SCMR 870 and Province of Punjab through Collector, Bahawalpur and others v. Sh. Hassan Ali and others PLD 2009 SC 16 rel.
----Ss. 18 23---Reference to court---Enhancement of compensation---Market value---Determination of---Procedure---Local commission, appointment of---Referee Judge, in absence of any material had considered the date of announcement of award as date of taking over possession of suit land---Compensation was to be determined according to market rate of land prevailing at the time of taking over possession---Prices of adjacent lands were substantial factors to determine market value of acquired land---Potential prospects, future use of land and its commercial and residential activities were also to be taken into account while determining compensation--- Local commission was to be appointed to determine market value prevailing at the time of taking over possession of acquired land---Impugned was set aside by the High Court and case was remanded to the Trial Court with the direction to appoint local commission for determination of market value of suit property---Appeal was allowed, accordingly.
Murad Khan through his widow and 13 others v. Land Acquisition Collector, Peshawar and another 1999 SCMR 1647; Province of Punjab v. Jamil Ahmad Malik 2000 SCMR 870 and Province of Punjab through Collector, Bahawalpur and others v. Sh. Hassan Ali and others PLD 2009 SC 16 rel.
JUDGMENT
AHMAD ALI, JUSTICE:---.---
Through this single judgment, I intend to decide the following appeals as common question of law and facts involved and all these appeals pertain to the same award No.06 dated 07.10.2011:
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492