Law: Land Acquisition Act, 1894

Section: 4,18,54

Law: Constitution of Pakistan, 1973

Section: 24

Land Acquisition Act (I of 1894)--- ----Ss. 4, 18, 54---Constitution of Pakistan, Art. 24---Acquisition of land---Compensation--- Potential value---Determination---Appellants/landowners were aggrieved of compensation determined by Referee Court---Validity---Acquisition process employed to deprive someone of his property, was an exception that was visualized by the Constitution---Process must be in consonance with conditions, parameters and manner as laid down in Art. 24(2), (3) of the Constitution---Even if property of any person was taken over for a public purpose, the person being deprived of his property had to be given adequate, fair, just and due compensation---Provisions of Land Acquisition Act, 1894 had Constitutional backing as the same was covered under the Exception as contained in Art. 24(2) of the Constitution---Acquired land was located on main road, in the vicinity of major bypass road crossing and was situated near various residential colonies---Land in question possessed potential significance in future---Referee Court while determining/enhancing award amount from Rs.7,500/- to Rs.12,000/-, observed that appellants/land owners failed to place on record any valuation table existing at the time of publication of notification under S.4 of Land Acquisition Act, 1894 and provision of S.23(1) of Land Acquisition Act, 1894 had provided that in determining amount of compensation to be awarded of the land value of the land at the date of publication of notification under S. 4(1) of Land Acquisition Act, 1894 was to be considered---High Court modified of Referee Court by enhancing compensation amount of acquired land of appellants/landowners from Rs.12,000/- per Marla to Rs.40,000/----Appeal…

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