Law: Land Acquisition Act, 1894

Section: 9,11,18

(a) Land Acquisition Act (I of 1894)--- ----Ss. 9, 11 18--- Reference---Compensation---Fair value---Determina-tion---Applicant was owner of house acquired by respondents/acquiring body for public use---Grievance of petitioner was that compensation awarded by respondents/acquiring body was not fairly determined---Validity---Witness of respondents/acquiring body admitted that bungalow was to fetch more price as compared to a small house or a hut---House in question was in the vicinity of commercial area facing thoroughfare and was in the midst of commercial activities as admitted by the witness of the acquiring---Respondents/acquiring body failed to assess true value of the house nor took into consideration the factors for assessing the value---Commercialization of area of land in question was already permitted by City District Government Karachi---Fair market value of the land was not determined by respondents/acquiring body as per guidelines established for such calculations---Value asserted by applicant/property owner was fully supported by valuation certificates and the same remained un-challenged by respondents/acquiring body---High Court declared that reasons were a decree and statement of grounds of every such award a within the meaning of S. 2(2) and (9), C.P.C.---High Court enhanced compensation of property as per value proved by applicant/property owner but mark-up was reduced at the rate of 5% instead of 15%---Reference was allowed accordingly. PLD 1995 SC 314; PLD 2011 SC 119; PLD 2004 SC 512; 2009 SCMR 771; PLD 2010 SC 719; 2011 SCMR 1244 and 2000 SCMR 870 ref. (b) Land Acquisition Act (I of 1894)--- ----Ss. 11, 26 27---Award---Connotation---Award passed by Collector under S.11 of Land Acquisition Act, 1894 and passed by Court on a reference by Collector on that award are both to be understood as Award. Government of Sindh v. Meho Khan 1988 CLC 715 and Azad Government of the State of Jammu and Kashmir v. Muhammad Rafique Khan 2009 CLC 1378 rel. JUDGMENT ZULFIQAR AHMAD KHAN, J.---The respondent No.1 moved a reference to the learned Registrar of this Court vide letter dated 13.05.2010 forwarding an application made under Section 18 of the Land…

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