Law: Land Acquisition Act (I of 1894)

Section: 54 , 23 , 4

  Land Acquisition Act (I of 1894)--- ----S. 54---Appeal---Locus standi to file---Acquisition of land for the benefit of department---Department feeling aggrieved, filing appeal against award of compensation---Department having no locus standi to file appeal, appeal was dismissed. Pir Khan through his Legal Heirs v. Military Estate Officer, Abbotabad P L D 1987 SC 485; Behram Khan and 54 others v. Military Estate Officer and 2 others 1988 SCMR 1160 and Pakistan Steel Mills Corporation Ltd. and-others v. Deputy Commissioner (East), Karachi and others 1989 S C R 812 ref. Land Acquisition Act (I of 1894)--- ----S. 4---Maxim salus populi suprema lex---Land Acquisition Act, 1894, being an Act, which interfered with inviolable rights of people regarding disposal of their property was founded upon the doctrine "salus populi suprema lex" that the interest of the public were supreme and that private interests were subordinate to the interest of the State.--[Maxim] Interpretation of statutes--- ---- Land - Acquisition Act (I of 1894), Preamble---While construing provisions of Land Acquisition Act, 1894, benefit is to be given to the subject.     Land Acquisition Act (I of 1894)--- ----S. 23---Compensation---Nature of land---Mode for determining---Land in question was situated near a city in vicinity whereof a Degree College was situated as also workshop of District Bus Service---Land at the time of acquisition was although being used for agricultural purpose yet it had the potential of being a site for residential as well as commercial purpose---Neither local Commissioner nor referee Court had correctly determined nature of the land---Finding of referee Court that land in question was agricultural in nature was without solid footing and contrary to record---Despite the finding that compensation had been determined on basis of erroneous finding regarding the value of land and by overlooking principles as contained in Ss.23 and 24, Land Acquisition Act, 1894, Court could not go any further in the matter because  of  owners'  failure  to  file  appeal  or cross-objections in present appeal- -Finding of referee…