Law: Land Acquisition Act, 1894

Section: 23(1),4

Law: Civil Procedure Code (V of 1908)

Section: 9

Law: Constitution of Pakistan, 1973

Section: 24

(a) Land Acquisition Act (I of 1894)--- ----S. 23(1)---Land acquisition---Matters to be considered by Court in determining compensation stated. The Court assessing compensation is required to take into consideration not only the present purpose or the present use to which the land is applied but also any other more beneficial purpose to which it might reasonably be put by the owner. Indubitably, it is true that regard can be had only to the existing conditions and what is likely to happen in reasonably near future and compensation cannot be fixed on the basis of what might happen in the dim and distant future. Where there is a reasonable possibility of the land being put to a more profitable use within a reasonable period the same cannot be ignored in assessing its value. Compensation has always to be determined by reference to the price which a willing vendor may reasonably expect to obtain from a willing purchaser. When the land possesses some unusual, special or unique features as to its location or potentialities, due weight must be attached to all these elements. After considering all the circumstances, the Court has to arrive at a fair estimate with reference to the surrounding circumstances and evidence in the case and to award a fair compensation on that basis. The Court further ought to be liberal in the sense that it should not be too meticulous or pedantic in dealing with the evidence. It is also true that an entry in the revenue record as to the nature of the land may not be conclusive. If the land acquired is found to be useful both for agricultural or non-agricultural purposes, merely on the ground that it was used as agricultural land by the owner till the time of its acquisition, its potentiality as non-agricultural land cannot be ignored. Vyricherla Narayana Gajapatiraju v. Revenue Divisional Officer, Vizagapatam AIR 1939 PC 98; Bailey v. Isle of Thanet Light Railways Company (1900) 1 QB 722; re An Arbitration between Lucas and the Chesterfield Gas and Water Board (1909) 1 KB 16; Cedars Rapids Manufacturing and Power Company and Lacoste and others (1914) AC 569; Fraser and others and City of Fraserville (1917) AC 187; Fazalur Rahman and others…

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