Law: Land Acquisition Act, 1894

Section: 18,23

Law: Constitution of Pakistan, 1973

Section: 24

(a) Land Acquisition Act (I of 1894)--- ----Ss. 18 & 23---Reference to Court---Matters to be considered in determining compensation--- Scope--- Acquiring agency assailed the quantum of compensation awarded by the Trial Court--- Validity--- Respondents had produced property dealers, survey officer who had conducted the survey of the land, whereas in rebuttal the appellants had not recorded statement on oath in order to rebut the contention of the respondents---Neither the application nor the reply could be considered as evidence without appearance of parties in court and verification thereof---Collector had not mentioned anywhere in the award that the acquired land was considered either as commercial or non-commercial land---Appellants had admitted that the acquired land was adjacent to petrol pump, hotel, bank and women university---Trial Court had rightly assessed the value of the land---Appeal was dismissed. (b) Constitution of Pakistan--- ----Art. 24---Protection of property rights---Scope---Constitution of Pakistan guarantees that it is fundamental right of a person to hold property in accordance with law and no person shall be deprived of the property without adopting legal procedure---Executive must carry sanction of law if the person is deprived from his property---Where action of the executive is without compliance of the law, such an action is nullity in the eyes of law. Aamir Khalil v. Government of Pakistan through Director General ANF PLD 2004 Pesh. 251 rel. (c) Land Acquisition Act (I of 1894)--- ----S. 23---Matters to be considered in determining compensation---"Market value"---Scope---Section 23 of the Land Acquisition Act, 1894 lays down criteria that the "market value" of the land at the date of the publication of the notification under S. 4 of the Act would be the amount of compensation---"Market value" has not been defined in the Act---However, expression of market value has been judicially construed by the superior courts---Market value is the practical method of the prudent man to examine the price which a willing purchaser would pay to a willing seller for purchase of the acquired land. PLD 1960 (WP) Lahore 469 fol. Province of Punjab v.…

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