Law: Land Acquisition Act, 1894

Section: 18,23

Land Acquisition Act (I of 1894)--- ----Ss. 18 & 23---Land acquisition---Dispute over quantum of compensation---Determination of compensation on one-year average sale basis---Scope---Reference filed by the objector/respondent was accepted and value of compensation amount of acquired land was enhanced with 15% compulsory acquisition charges and 6% interest from the date of taking over the possession of the land---Validity---In the present case, there was sufficient material on record which supported the contentions of the respondent that the acquired land was situated right at one side of the Highway and there were buildings like Floor Mill, Social Welfare Complex and Petrol Pump with Service Station and thus had much better future prospects and therefore, mere determination of compensation on one-year average was not a desirable yardstick for such determination---Referee Court, while enhancing the compensation through impugned judgment had relied upon valuation table issued by the Deputy Commissioner, which was also a factor to be legally considered for assessment and determination of fair compensation, keeping in view the locations of the land that it was situated right on the edge of highway, with many other commercial buildings in the vicinity---Nature of the acquired land was commercial and therefore as per valuation table, the price fixed by the Deputy Commissioner for commercial land was Rs.345,000/- per Marla and therefore, the enhancement of compensation by the Referee Court was within the mandate of law---Appeal was dismissed accordingly. Nisar Ahmad Khan and others v. Collector Land Acquisition PLD 2002 SC 25; Province of Sindh through Collector of District Dadu and others v. Ramzan and others PLD 2004 SC 512; Land Acquisition Collector, G.S.C, N.T.D.C., (WAPDA), Lahore and another v. Mst. Surraya Mehmood Jan 2015 SCMR 28 and Province of Punjab through Land Acquisition Collector and another v. Begum Aziza 2014 SCMR 75 rel. JUDGMENT FAZAL SUBHAN, J.----Through this appeal, filed under section 54 of Land Acquisition Act, 1894 (Act), the appellants have impugned the judgment and decree dated: 20.04.2019 passed by learned Senior Civil Judge/Judge…

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