Law: Land Acquisition Act, 1894

Section: 23

Law: Land Acquisition Act, 1894

Section: 23

Land Acquisition Act (I of 1894)--- ----Ss. 4 & 23---Law Reforms Ordinance (XII of 1972), S.3---High Court appeal---Acquisition of land---Execution proceedings---High Court, in execution application directed that alternate land would be provided to the decree-holder and in case it was not allotted within the stipulated time, decree-holder should be allowed to raise construction on the plot according to approved plan and -debtor would not create any hindrances to the proposed construction without due process of law---Respondent/decree-holder was the owner of the, subject property and he was alternatively entitled to raise construction---Foreign Government interest being involved in the case, two months' time was allowed to complete the entire exercise of land acquisition---If entire exercise was not concluded and the amount was not deposited or paid to the decree-holder within two months, decree-holder would be entitled to resume construction of the plot. Khawaja Shams-ul-Islam for Appellant. Manzoor Ahmed for Respondents. ORDER 1. Granted, subject to all just exceptions. 2. C.D.G.K. has impugned the order dated 8-10-2009 whereby the learned Judge in Chamber on Execution Application No.53 of 2004 directed that alternate land shall be provided to the decree-holder (respondent No. I) and in case it is not allotted within the stipulated time the decree-holder (respondent No. 1) should be allowed to raise construction on the plot according to approved plan as per building bye-laws and Judgment-debtor will not create any hindrances to the proposed construction without due process of law. Today the matter came up for the consideration, execution proceedings have already been initiated and value of and was tentatively assessed in terms of section 23 of Land Acquisition Act, 1894. It has also come on record that the value of the subject property is in-between Rs.200,000/Rs.300,000 per square yard. The D.D.O. Revenue has taken lower side of the value, assessed approximately close to Rs.810,40,000 (Rupees Eighty Millions Ten Lacs and Forty Thousand only) and it was for the C.D.G.K. to request British Council to deposit the amount towards compensation for further…

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