Law: Land Acquisition Act (I of 1894)

Section: 18

Land Acquisition Act (I of 1894) ---S.18---Acquisition of land---Compensation---Land acquired was in the midst of the lands which had been converted into sikni/residential lands---Land was situated by the side of National Highway and thus had got valuable potential-- Sikni lands in the concerned deh were granted compensation at a higher rate by the Collector---High Court enhanced the rate of compensation accordingly. Harish Chander Neogy v. Secretary of State 11 C W N 877 and Madhusudan Das v. Collector of Cuttack 6 C W N 408 ref. Riaz Brohi for the Claimant. Nemo for Respondent No.1. Muhammad Anis for Respondent No.2. Date of hearing: 22nd November, 1989. JUDGMENT This is a reference under Section 18 of the Land Acquisition Act 1894 made by the Deputy Commissioner (East) Karachi at the instance of claimant Haji Muhammad Amin and others against the award dated 14-5-1982 passed by Deputy Commissioner (East) Karachi with respect to the compulsory acquisition of an area of 13 acres 33 ghuntas of agricultural land bearing Survey Nos.5, 6 and 8 in deh Joreji, Taluka Karachi for public purpose on behalf of Pakistan State Oil Company Ltd. Compensation was awarded at the rate of Rs.15 per square yard i.e. Rs.72,600 per acre to the claimants as against the compensation claimed at the rate of Rs.2,00,000 and Rs.2,50,000 per acre. The Collector while taking into consideration the amount of compensation that ought to have granted on this land has made the following observations:- "(i) LAND STANDING ON AGRICULTURAL TENURE. As stated earlier, the total area coming under this category is 14-18 acre; only. It consists of Survey Nos.5, 6 and 8 of deh Joreji. Apart from this agricultural private land, State land measuring 45-29 acres is also affected in the present case. The Government of Sindh, Land Utilization Department has been pleased to accord sanction to the grant of this State Land to the Pakistan State Oil Company Ltd. at the rate of Rs.15 (fifteen) per sq. yard vide their letter No.1U-II/3/1-76-G(K)/1/77, dated 23-3-1978. Since the Government have granted their own land for the same project at   the rate of Rs.15 (fifteen) per sq. yard. I do not find any…