| Citation(s) |
|---|
| 1972 SLD 3049 = 1972 SCMR 138 |
Supreme Court of Pakistan
Civil Petitions for Special Leave to Appeal Nos. 32 and 14-P of 1972, decided on 9th March 1972.
Presented By: Sajjad Ahmad, Waheeduddin Ahmad and Salahuddin Ahmed, JJ
S. Safdar Hussain, Advocate-on-Record for Petitioner. Nemo for
Respondents.C. P. No. 32 of 1972 Tajamul Hussain Khan, Advocate Supreme Court instructed by S. Inayat Huisain, Advocate-on-Record for Petitioner. S. Safdar Hussain, Advocate-on-Record for
Respondent. C. P. No. 14-P of 1972
Civil Petitions for Special Leave to Appeal Nos. 32 and 14-P of 1972, decided on 9th March 1972.
Presented By: Sajjad Ahmad, Waheeduddin Ahmad and Salahuddin Ahmed, JJ
S. Safdar Hussain, Advocate-on-Record for Petitioner. Nemo for
Respondents.C. P. No. 32 of 1972 Tajamul Hussain Khan, Advocate Supreme Court instructed by S. Inayat Huisain, Advocate-on-Record for Petitioner. S. Safdar Hussain, Advocate-on-Record for
Respondent. C. P. No. 14-P of 1972
C. P. No. 32 of 1972 WEST PAKISTAN WAPDA-Petitioner
VERSUS
Mst. HIRAN BEGUM-Respondent C. P. No. 14-P of 1972 Mst. HIRAN BEGUM-Petitioner versus WEST PAKISTAN WAPDA AND ANOTHER Respondents
Law: Land Acquisition Act (I of 1894)
Section: 4
(On appeal from the judgment and order of the Peshawar High Court, dated the 12th November 1971, in R. F. A. No. 1 of 1969). Land Acquisition Act (I of 1894), S. 4-Acquisition of land- Compensation-Market price of land fixed on basis of price of land in adjoining village-Fixation of price, held, based on sound judicial principles-Market price of land ; a question of fact-Not interfered with by Supreme Court. Date of hearing : 9th March 1972. ORDER WAHEEDUDDIN AHMAD, J.-This order will dispose of C. P. S. L. A. No. 32 and C. P. S. L. A. No. 14-P of 1972, which arise from the order of the Peshawar High Court in R. F. A. No. 1 of 1969, dated the 12th November 1971. By this order, compensation for the land in dispute was allowed at Rs. 2,834 per kanal. 5 kanals and 19 marlas of land bearing Khasra Nos. 1118 and 1119 in village Sobra, Tehsil Haripur, District Hazara, have been acquired for Tarbela Dam Project under a notification under section 4 of the Land Acquisition Act, dated the 3rd May 1967. The Collector awarded Rs. 179 per kanal as the price of the land. On a reference, the District Judge, Hazara, increased it to Rs. 259 per kanal. The matter was taken in appeal before the Peshawar High Court and in the above-mentioned appeal, the price of the land in dispute was increased to Rs. 2,834 per kanal. Both the petitioners are aggrieved by this order and seek permission to file an appeal against the impugned order of the High Court. Mr. Tajamul Hussain, learned counsel for the WAPDA, has contended that no issue was framed in respect of the nature of the land which was involved in this matter. According to the learned counsel, an issue should have been framed by the learned District Judge about. the kind of the land. This aspect of the case was considered by the High Court. It has been rightly pointed out that this question is covered by the issue framed by the High Court which is as under :- "Whether the objector is entitled to Rs. 59,800 as cost of land." Under this issue the parties could lead evidence about the kind of the land which was the subject-matter of the dispute in the present case. In fact, the parties have led evidence and the…