Law: Land Acquisition Act, 1894

Section: 23

(a) Land Acquisition Act (I of 1894)--- ----S. 23---Land acquisition---Compensation, quantum of---After taking into consideration the documentary evidence in the shape of mutations, two years average of market value of land, bifurcation of the acquired land in two different blocks and oral statements of the landlords and property dealers of the area, which were also reduced into writing, and disturbance of irrigation sources of the acquired land, the Local Commissioner came to the conclusion that the fair market value of the land was Rs.25000/- per kanal---Local Commissioner also appeared before the Trial Court and recorded his statement, and despite lengthy cross-examination no deficiency in his report could be brought on record---Oral statements of the other landowners and property dealers of the same vicinity had been corroborated with other evidence produced on record, such as, (i) certain mutations in respect of the same mouza, (ii) two years average of value of land for the relevant period, (iii) aks shajra kishtwar, and (iv) khasra girdawri, which revealed that there was cultivation in the suit property up to the year 2004---Compensation enhanced by the Referee Court, which was upheld by the High Court, was in consonance with section 23 of the Land Acquisition Act, 1894---Appeal was dismissed. Sarhad Development Authority NWFP v. Nawab Ali Khan 2020 SCMR 265 ref. (b) Land Acquisition Act (1 of 1894)--- ----S. 23---Constitution of Pakistan, Art. 185---Land acquisition---Compensation, quantum of---Appellate jurisdiction of the Supreme Court---Scope---Supreme Court in its appellate jurisdiction would generally not determine any ground or question of fact that had not been pleaded or raised by the parties at any stage before the Referee Court or the High Court and has been for the first time raised in appeal before the Supreme Court. Ali Khan v. Soomar 1968 SCMR 565; Malik Ghulam Hussain v. Haji Muhammad Hayat PLD 1971 SC 573 and Sarhad Development Authority NWFP v. Nawab Ali Khan 2020 SCMR 265 ref. JUDGMENT SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Through this appeal under section 54 of the Land Acquisition Act, 1894, the appellants have assailed the judgment…

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