Law:

Section:

Land Acquisition Act (I of 1894)--- ----Ss. 4, 6, 18, 23, 28-A & 54---Acquisition of land---Determination of fair market value and other benefits.... Reference to Court---Land Acquisition Officer granted compensation at the rate of Rs.10 per sq. ft. along with 15% urgency charges and 6% simple interest from the date of taking over the possession of acquired land---Referee Court maintained the rate of compensation as awarded by the Land Acquisition Officer, however awarded additional compensation at the rate of 15% per annum under S.28-A of Land Acquisition Act, 1894 from the date of taking over of possession till payment or deposit of the amount in the court---No doubt whole assessing compensation, potential value of the land had to be taken into consideration as well as the inflationary trend, however, in the present case, appellant whose land was acquired had neither produced any documentary evidence in support of his claim to the extent of Rs.200 per sq. ft, nor he was able to dislodge the value of land as assessed/determined by Land Acquisition Officer, and upheld by the Referee Court, entitling the appellant to any increase---Under S.28-A of Land Acquisition Act, 1894, fixation of market value of acquired land should be the price prevailing on the date of notification under S.4 of Land Acquisition Act, 1894---Notification under S.4 of Land Acquisition Act, 1894 having been issued on 4-12-1991, dates of sale-deeds which were 21-4-1993 and 19-3-1996, could not be taken into consideration, in circum stances---Judgment of the Referee Court, in circumstances was modified to the extent that additional compensation under S.28-A of Land Acquisition Act, 1894 at the rate of 15% per annum would be paid from the date of issuance of notification till the payment of compensation. Government of Sindh v. Syed Shahmir Ali Jafri 1996 SCMR 1316; Province of Sindh v. Ramzan and others PLD 2004 SC 512 and Nisar Khan and others v. Collector Land Acquisition, Swabi PLD 2002 SC 25 ref. Ghulam Rasool Qureshi for Appellant. Muhammad Humayoon and Idrees Naqshbandi for Respondents. Dates of hearing: 27th February and 2nd March, 2007. JUDGMENT SAJJAD ALI SHAH, J.---Through this…