Law: Land Acquisition Act (I of 1894)

Section: 4

  Land Acquisition Act (I of 1894)----S. 4 read with Land Control (Capital of the Federation) Ordinance (XXVI of 1948), S. 4-Land, lying within specified area of Capital of Federation, notified for acquisition-Rate of market value-To be determined with reference to lower market value on date of such notification and on 31-3-48-Ordinary principle that owner is entitled to value of property with all existing advantages and future possibilities Not applicable.   Ordinarily an owner of land is entitled to the value to himself of the property in its actual condition at the time of expropriation with all its then existing advantages and with all its future possibilities excluding only any advantage due to the carrying out of the scheme for the purposes for which the property is being acquired. However, in view of the provisions of Land Control (Capital of the Federation) Ordinance XXVI of 1948 this principle cannot be applied to cases in which land lying within the specified area of the Capital of the Federation is acquired. Under section 4 of the Ordinance the claimants are entitled only to the lowest market value of the land determined with reference to its market value (i) on the 31st March 1948; and (ii) on the date of the notification.   Atmaram Bhagwant Ghadgay V. Collector of Nagpur A I R 1929 P C 92 ref.   Land Acquisition Art (I of 1894)----S. 4 and Land Control (Capital of the Federation) Ordinance (XXVI of 1948), S.4-Assessing market value for purpose of awarding compensation to owner-Price fetched by sale of small area of land in vicinity- Cannot be true measure for assessing market value of large plots.   Dates of hearing: 16th and 17th November 1964.   JUDGMENT   This judgment will dispose of Reference No. 401/1961, Reference No. 402/1961 and Reference No. 403/1961, made under the Land Acquisition Act by the Collector of Karachi. The evidence by consent of the parties in all the references were recorded in Reference No. 401/1961. The points raised by the parties in all the references are common and, therefore, will be disposed of by this judgment.   In Civil Reference No. 401/1961, the Administrator of Karachi by…