Law: Land Acquisition Act, 1894

Section: 12,25

Land Acquisition Act (I of 1894)--- ----Ss. 12 25---Acquisition of land---Compensation rate, determination at time of award instead of the time of notice---Acquisition proceeding was started---Compensation amount was fixed at Rs.16,00,000/- per kanal---Compensation rate was enhanced to Rs.55,00,000/- in 2015---Respondents/applicants received compensation under protest contending that they were entitled to receive the compensation to the tune of enhanced value along with 8% compound interest---Trial Court decreed reference of respondents / applicant--- Validity---Admittedly, after issuing notice under S.4 of Land Acquisition Act, 1894 in 2010, appellants had not taken any steps regarding preparation of the award till 2016---In the meantime appellants had enhanced the said compensation rates---Appellants were legally bound to prepare the award according to the market/ potential value of the acquired land during the preparation of award---Admittedly, award was prepared in 2016----Compensation rates were revised in 2015---Respondents were entitled to get compensation according to revised rate---Appeal was dismissed accordingly. JUDGMENT JOHAR ALI, J.---By this common judgment/order we intend to dispose of these three Civil First Appeals bearing C.F.A. No. 83 of 2020, C.F.A. No. 85 of 2020 and C.F.A. No.84 of 2020 which has arisen out of Judgment/Decree dated 26-10-2020 in Reference Petition No. 24 of 2016 passed by learned referee Judge/ District Judge Gilgit against which three separate Appeal is filed by the Appellants/ Respondents. 2. Brief fact gathered from record of the case are that feeling aggrieved and dissatisfied with the impugned award No. DK-1 (AMPHARY )/ 2016/201-02 dated 29-11-2016, petitioner/respondent has filed Reference Petition No. 24/2016 for enhancement of compensation award of acquired land of Petitioner/Respondent measuring 1 Kanal 12 Marlas under Khasra No. 4208/17, mutation No. 2954 situated within the Municipal Limits of Gilgit City, for construction of play-ground with the plea that Collector Gilgit/Appellant No.2 has passed the impugned award to the tune of Rs. 16,00,000/- per kanal which is against the prevailing of market…

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