Law: Land Acquisition Act, 1894

Section: 18,23

Land Acquisition Act (I of 1894)--- ----Ss.18, 4 23---Punjab Land Acquisition Rules, 1983, R.10---Reference to court---Enhancement of compensation---Market value---Determination of---Procedure---Opinion of land expert---Scope---Referee Judge enhanced compensation amount from Rs.350,000/- per marla to Rs.650,000/- per marla along with 15% compulsory acquisition charges and 8% compound interest of the compensation amount starting from the date of taking over possession of acquired land till its realization---Validity---Landowners were bound to prove their claim through concrete and unimpeachable evidence; they had not produced sale deeds of the land adjacent to the acquired land---Sale deeds produced were with regard to distant land which were not helpful to prove the value of acquired land---No visual site plan was produced to substantiate the stance of landowners they should have produced the shajrah aks parcha or any valid document to prove location of acquired property but no such material evidence was available on record---Variation of a few feet in the location of property did change the value of land---Mere opinion of an expert without support of any documentary evidence could not by itself be considered enough for enhancement of compensation---Landowners were bound to mention the details of their property with supporting documents but same had not been done in the reference---Market value of the property was to be assessed from one existing in the preceding year of the date of issuance of notification under S.4 of Land Acquisition Act, 1894 and not from the date of pronouncement of award---Landowners had failed to prove the exact price as well as location of acquired land through tangible evidence---Party approaching the Court for grant of relief should have discharged the burden of proving his claim and it had to stand on its own legs---Referee Court had enhanced compensation merely on assumption and against the available record which was not in field---Findings recorded by the Trial Court were reversed and enhancement of compensation so determined was declared illegal---Appeal was allowed, in circumstances. Abdul Sattar v. Land Acquisition Collector…

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