Law: Land Acquisition Act (I of 1894)

Section: 23

Land Acquisition Act (I of 1894)-- ---S. 23---Acquisition of land---Determination of compensation---Factors for determination of market value of acquired property as narrated in S. 23 of the Act, are not exhaustive---Undue and excessive delay in between date of notification and award can also be taken into account if their existed evidence on record to prove increase in value of land in between the said two periods. P L D 1988 S C 32; P L D 1982 SC 100; P L D 1970 Quetta 35, P L D 1986 S C 159;1985 S C M R 767; P L D 1986 Kar. 165 and P L D 1988 S C 32 ref. Taj Muhammad Khan for Appellant. Abdul Qadir Khan for Respondent. Date of hearing: 4th July, 1989. JUDGMENT ABDUR REHMAN KHAN, J.--In this appeal the appellants have impugned the legality and soundness of the judgment of the learned Acquisition Judge, Haripur dated 6-1-1986 whereby their objection petition under section 18 of the Land .Acquisition Act was partially accepted and they were allowed compensation of their acquired land at the rate of Rs. 5,475.20 per kanal instead of Rs. 80,000 per kanal which they had prayed for. However, in this appeal they request that they may be awarded compensation at the rate of Rs. 24,787.80,per kanal.   Appellants were owners of land with Khasra Nos. 1497/1, 1527/1, 1493/1, 930/1 and 931 min situated in the area of village Kotnajibullah of Tehsil Haripur which was acquired for WAPDA for construction of Disty No.4 Right Bank Canal Khanpur and notification under section 4 of the Land Acquisition Act in this respect was issued on 27-6-1975 whereas the award was drawn about 7 years thereafter on 11-5-1982.   It was averred in the objection petition that the acquired land of the petitioner lies adjacent to the Abadi of the village and should have been classified as Charri or Abadi, that while assessing the market value the learned Collector failed to take into consideration the relevant factors necessary for determination of the value and that notification for acquisiton was issued 7 years later to the award but the prices prevalent round about the time of notification were fixed and the inflation and sharp rise in the prices were not paid any attention. In the…