Case Details

Citation(s)
2024 SLG 5969 2024 SLD 5969 = 2024 PLD 467
Lahore High Court
R.F.A. No. 31423 of 2021 (and other connected cases), heard on 29th May, 2024.
Before Muhammad Sajid Mehmood Sethi and Asim Hafeez, JJ
Tahir Mehmood Khokhar, Deputy Attorney General and Muhammad Zain Qazi, Assistant Attorney General for Appellants. Mian    Abdul    Quddus    and    Muhammad    Qamar-uz-Zaman,    for
Respondents/Landowners.

GOVERNMENT OF PAKISTAN through Secretary, Ministry of Defence, Islamabad and another---Appellants

VERSUS

MUHAMMAD SHARIF and others---Respondents

Law: Land Acquisition Act, 1894

Section: I,4,11,1218,23,24

(a) Land Acquisition Act (I of 1894)-------Ss. 4 & 18---Acquisition of land---Compensation---Determination---Relevant witnesses---Appellants/Authorities acquired land of respondents/ landowners for public purpose---Referee Court enhanced compensation which was fixed in award by Land Acquisition Collector---Validity---Halqa Patwari was the most crucial and proximate witness who produced mutations and average sale price--Appellants/Authorities did not produce any plausible evidence to show any defect in determination of value by Referee Court---Witnesses produced by appellants/ authorities had no proximity or personal knowledge of the matters, touching determination of compensation---Absence of knowledge regarding material facts could not be construed or inferred as affirmation of actual facts---In Award filing of objections by respondents/landowners was mentioned, however no reasons were mentioned which prevailed upon Land Acquisition Collector to reject those objections---Award was based upon value assessed by District Price Assessment Committee (which was approved by Board of Revenue), however none of the members was produced in evidence to explain criteria adopted by the Committee while fixing the price---Award did not reflect independent assessment by Land Acquisition Collector keeping in view the complexion and character of acquired land, especially when respondents specifically asserted that their land was situated on a main road---Division Bench of High Court declined to interfere in order passed by Referee Court enhancing compensation in favour of respondents/land owners---Appeal was dismissed, in circumstances.Federation of Pakistan and others v. Ghulam Mustafa and others R.F.A.No.74504 of 2019 rel.(b) Land Acquisition Act (I of 1894)-------Ss. 23 & 24---Acquisition of land---Compensation, determining of---Principle--Mere production of handful of sale deeds, contemporaneous to acquisition proceedings, is not enough to disbelieve compensation already determined.(c) Land Acquisition Act (I of 1894)-------S. 18---Acquisition of land---Compensation, determining of---Referee Court--Factors to be considered---Referee Court has to take into…
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