Law: Land Acquisition Act (I of 1894)

Section: 4,23

Land Acquisition Act (I of 1894)-------Ss.4 & 23---Acquisition of land---Compensation---Enhancement---Valuation of lands in same vicinity---Respondents/landowners received their compensation without filing any objections---Later other landowners in same vicinity in another award, received enhanced compensation through Referee Court---During execution proceedings of other landowners, respondents filed application before Executing Court to pay them enhanced compensation as well---Appellant/authorities were aggrieved of admitting of application of respondents/landowners for determination during execution proceedings---Validity---Respondents/landowners could claim compensation as per enhanced rate in the light judgment of Supreme Court in case titled Saddaqat Ali Khan through L.R.s and others v. Collector Land Acquisition and others reported as PLD 2010 SC 878, if at the end they were able to establish that nature and vicinity of both the lands i.e. their lands and lands acquired from other landowners was same---Lands of respondents/landowners were acquired way back in year 1995 and they had received compensation there and then whereas lands of other landowners were acquired after lapse of couple of years---Criteria laid down by Supreme Court would not be applicable simpliciter but required some probe---Supreme Court directed Executing Court to decide the matter expeditiously---Appeal was disposed of.Saddaqat Ali Khan through L.Rs and others v. Collector Land Acquisition and others PLD 2010 SC 878 rel.ORDER:MAZHAR ALAM KHAN MIANKHEL, JUSTICE:---.---By way of this appeal, the appellants being officers of the acquiring department have impugned the judgment and decree dated 22.11.2018 of the Peshawar High Court, D.I. Khan Bench, D.I. Khan (the High Court), whereby their R.F.A. No. 79-D of 2018, was dismissed maintaining the order of the Executing Court dated 25.05.2018.2. We have heard the learned counsel for the parties and have gone through the available record.3. The record of the case would reveal that Respondents Nos. 1 to 4, the land owners of village Fateh, being affected land owners of the Land Acquisition Award No.155 dated 04.10.1995 did not challenge…