Law:

Section:

Land Acquisition Act (I of 1894)----Ss. 4 & 23 Compensation, determination of Ausat panjsala (quinquennial average pricey though relevant piece) of evidence yet not conclusive when large number of sales riot entered therein and based only on three transactions Land situate in a far better Place than instances noted in quinquennial average Price fixed on criterion of what a willing purchaser would have paid for land, after considering all relevant circumstances, such as price fetched not long after issuance of acquisition notification, held, correct. ORDER NASIM HASAN SHAH, J. By this petition leave to appeal is sought against the judgment of the Lahore High Court. Lahore, dated 2nd March 1977, whereby the appeal filed by Pakistan through the Secretary, Ministry of Defiance, against the enhancement of compensation decreed by the Administrative Civil Judge, Rawalpindi, was dismissed. 2. The relevant facts, briefly stated, are that land measuring 13 kanals 7 marlas, situated as Peshawar Road, Rawalpindi, belonging to Khan Bahadur Malik Nazar Muhammad Khan predecessor in interest of the respondents was acquired by the Federal Government through a notification under section 4 of the Land Acquisition Act, 1894, date 5 6 1957. Compensation for the said land was assessed by the Land Acquisition Collector, Rawalpindi, in his award made on 31 12 1950, at Rs. 2,200 per kanal. The award was not accepted by the land owner on the ground that the land wag meant for residential purposes, as it was situated in a fully developed are a known as Radio Colony and was surrounded by bungalows and its market value was not less than Rs. 7,090 per kanal. Consequently, on his written request the Land Acquisition Collector referred the matter under section 18 of the Land Acquisition Act to the civil Court for fixation of the correct compensation. 3. The civil Court, on the evidence of the parties, found that the land in dispute was a very suitable building place. The quinquannal average showing the price at Rs. 2,258 per kanals retied upon by the Land Acquisition Collector was unreliable because it was based of three mutations, whereas several other sales bad taken place within the…

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