Law: Land Acquisition Act, 1894

Section: 23,4

Law: Land Acquisition Act, 1894

Section: 23,4

(a) Land Acquisition Act (I of 1894)-------Ss. 4, 18 & 23(2)---Acquisition of land---Determination of market value---Enhancement of price of acquired land---Referee Court to which matter was referred on application of landowner, enhanced price of acquired land from Rs.4000 to Rs.8000 per kanal and also awarded compulsory charges of 15% of the market value---Contention by landowner was that the Referee Court had not taken into consideration the future potential of the disputed land and the location of the land which was in the proximity of a tourist's resort and boasts of all the amenities---Validity---Authorities had been unable to produce any documentary evidence showing market value at less rate than Rs.100,000 per kanal---Land Acquisition Collector had failed to take into consideration all the factors while determining the amount of compensation---Meagreness of the compensation had added salt to the injury sustained by the landowner---Land in question was situated in the revenue estate which was already a well developed tourist spot and had a future potential---High Court allowed appeal and enhanced the amount of compensation upto Rs.110, 000 per kanal. WAPDA through S.E. Acquiring Cell CRBC Project WAPDA D.I. Khan and another v. Syed Ali and others 2010 SCMR 82; Land Acquisition Collector v. Mst. Iqbal Begum and others PLD 2010 SC 719 and Chairman, WAPDA and others v. Sarfraz Khan and another 2007 SCMR 1054 ref. Sadaqat Ali Khan through LRs and others v. Collector Land Acquisition PLD 2010 SC 878 and Major (Retd.) Akbar Jan v. Collector, Land Acquisition, Sui Northern Gas Pipeline (Ltd.), Peshawar and 2 others PLD 2010 Pesh. 26 rel. (b) Land Acquisition Act (I of 1894)--- ----S. 23---Determination of compensation---Market value had to be ascertained on the basis of average sale price of the land sold in the revenue estate during the previous one year. (c) Land Acquisition Act (I of 1894)--- ----S. 23---Determination of compensation---Acquisition was a unilateral act of the acquisition authority and was usually unacceptable but was merely tolerated by the other party---Such unwilling vendor had to be compensated by more than mere payment of price. (d)…

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