Law: Land Acquisition Act, 1894

Section: 18,23

(a) Land Acquisition Act (1 of 1894)--- ----Ss. 18 & 23---Land acquisition---Dispute over quantum of compensation---Appellants (land owners) had failed to produce any independent, trustworthy and credible evidence for their claim qua enhancement of the compensation---Despite the fact that the Referee Judge accepted the reference petition of the appellants and enhanced the compensation from Rs. 33,657/- to Rs.96,830/- per kanal, the appellants failed to bring on record any document showing value of the land adjacent and surrounding to the land of the appellants to be more than Rs.96,830/- per kanal---Witnesses examined in evidence before the Referee Judge admitted the fact that the property surrounded by the acquired land was agricultural in nature and the compensation was granted in the award for agricultural type of land---Further one of the appellants admitted in his cross-examination that he had got no written proof about the sale/purchase of property at the rate of Rs.16,00,000/- per kanal in the vicinity of the acquired land, which was the rate that the appellants were claiming---Judgments passed by the High Court and the Referee Judge were well within the remit of law---Appeal was dismissed. Commandant Indus Rangers v. Zaheer Muhammad Khan 2007 SCMR 1817 ref. (b) Land Acquisition Act (1 of 1894)--- ----Ss. 18 & 23---Land acquisition---Land owners seeking enhancement in compensation---Burden of proof---Burden of proof in such cases is 'incumbent' upon land-owners. Land Acquisition Collector v. Muhammad Sultan PLD 2014 SC 696 ref. JUDGMENT SYED HASAN AZHAR RIZVI, J.---Through the instant appeal filed under section 54 of the Land Acquisition Act, 1894 read with Article 185 of the Constitution of the Islamic Republic of Pakistan, 1973, the appellants have assailed the judgment dated 03.12.2013 of the Peshawar High Court, D.I. Khan Bench (the High Court) whereby their R.F.A. No.61 of 2010 was dismissed. 2. Brief facts of the case are that the appellants were aggrieved by Award No.4 dated 26.04.2008 passed by the Land Acquisition Collector, D.I. Khan relating to landed property measuring 08 kanals 10 marlas, situated in mouza Aara, Tehsil and District…

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