Law: Land Acquisition Act (I of 1894)

Section: 23(2)

  Land Acquisition Act (I of 1894)--- ----S. 23(2)---Punjab Town Improvement Act (IV of 1922), Sched, para.10(2)---Acquisition of land---Entitlement to compulsory charges at the rate of 15 per cent.---Payment of compulsory charges of 15 per cent. being not permissible under Punjab Town Improvement Act, 1922, claim of landowners had been rightly refused by referee Court. Province of West Pakistan and another v. M. Salim Ullah and others PLD 1966 SC 547 rel. M. Salim Ullah and others v. Province of West Pakistan and another PLD 1960 (W.P..) Lah. 450; The Land Acquisition Collector, Rawalpindi v. Lieut.-General Wajid Ali Khan Burki PLD 1960 (W.P.) Lah. 469; Province of West Pakistan and another v. M. Salim Ullah and others PLD 1966 SC 547; Muhammad Ashraf and others v. Province of West Pakistan 1985 SCMR 707 and Sh. Manzoor Hussain v. Multan Improvement Trust, Multan and others 1986 SCMR 643 ref. Land Acquisition Act (I of 1894)--- ----S. 23---Punjab Town Improvement Act (IV of 1922), S.36---Acquisition of land---Amount of compensation to be awarded---Mode for determining same illustrated. In determining the amount of compensation to be awarded, market value of land on date of publication of the notification in question would be taken into consideration. Method of valuation of the land so acquired could be classified under these heads, namely: Opinion of experts. Price paid within a reasonable time of the material date in bona fide transactions of purchase of lands in the neighbourhood and possessing similar advantages.   By capitalizing the net annual income from the land, Market value of the land, on the basis of which compensation was payable, would be the price which a willing purchaser could pay to a willing seller for the property on the date of notification. In absence of availability of definite material either in the nature of sales of neighbouring land at or about the date of notification or otherwise, the Court would not err on the wrong side if it fixed the market value on the basis of average price. Land Acquisition Act (I of 1894)--- ----S. 23---Sale price of property---Guideline for determining sale price---Best guideline for determining…