Law: Land Acquisition Act, 1894

Section: 23

Land Acquisition Act (I of 1894) -- S. 23-Assessment of compensation-Record of "Ausat Panjsala" being made basis of assessment relating to banjar qadeem land later recorded as ghair mumkin playground in Khasra Girdawari without showing its location-Acquired land in dispute situated within Municipal limits adjacent to High School and potential value thereof cannot be ignored for determining price-"Ausat Panjsala", in circumstances of case, held, rightly rejected by trial Court. Government of West Pakistan v. Subedar Muhammad Hussain and 3 others P L D 1970 Lah. 463 ref. THIS JUDGMENT DELIVERED BY: KHALID MAHMOOD, JUSTICE-- This judgment will dispose of 3 Regular First Appeals bearing Nos. 42/65, 4 3/65 and 44/65. 2. The land measuring 22 kanals 19 marlas was acquired for the extension of Islamia High School, Lalamusa in the revenue estate of village Saida Gol, Tehsil Kharian. On 29-9-1962 an agreement under section 41 of the Land Acquisition Act, 1894 (hereinafter called the Act) was entered upon between the Commissioner, Rawalpindi Division and Anjuman Islamia, High School Lalamusa through their Manager, that the costs of extension of the school will be borne by Anjuman Islamia. Notification under section 4 of the Act was issued by the Commissioner, Rawalpindi, on 19-11-1962. In view of the urgency of the matter the Commissioner dispensed with the requirements of sections 5 and 5(a) of the Act. Notification under section 6 was issued on 9-2-1963 for the acquisition of the abovementioned land. The Land Acquisition Collector, on 30-6-1963, after bearing all the parties gave the awards. According to these awards, compensation to the land owners was assessed at the rate of Rs. 20 per marla and 15 % compulsory land acquisition charges over the actual compensation were also allowed. The total compensation was calculated as Rs. 10,511. Out of the land acquired 17 kanals 11 marlas was barani land and 5 kanals 6 marlas was banjar qadeem. While giving award the Land Acquisition Collector treated the entire land as of the same quality and, therefore, treated banjar qadeem at par with the barani land. Some owners with regard to the aforesaid awards claimed reference under…

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