Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Land Acquisition Act, 1894

Section: 25(1),25(3),9,25,25(2)

(a) Constitution of Pakistan (1973)--Art. 185(3)--La6d Acquisition Act (I of 1894), S.25(1)--Compensation assessed by District Judge--Leave to appeal granted to examine question that whether High Court while rejecting compensation assessed by District Judge, had fallen into some error as that Court had in not basing its decision upon any acceptable evidence and that in any case High Court could not, in view of provisions of S. 25(1), Land Acquisition Act, 1894 allow compensation at rate higher than that claimed. (b) Land Acquisition Act (I of 1894)-- ---S.25(1)--Amount of compensation--Applicant making claim for compensation in pursuance to a notice given under S.9, Land Acquisition Act, 1894--Amount of compensation awarded by Court shall not exceed amount so claimed and at same time it shall not be less than amount awarded by Collector under S.11, Land Acquisition Act, 1894. (c) Land Acquisition Act (I of 1894)-- ---S.25(2)--Amount of compensation--Claimant, if without sufficient reason has refused to make claim before Collector when award is made, he could not afterwards ask Court, to which matter may be referred, to award. more compensation than Collector has already awarded. (d) Land Acquisition Act (I of 1894)-- ---S. 25(3)--Amount of compensation--Applicant omitting for sufficient reasons and in good faith without any negligence on their part, to make claim for compensation--Amount awarded to such applicant by Court should not be less than and may exceed amount awarded by Collector. (e) Land Acquisition Act (I of 1894)-- ---Ss. 25(2) & 9--Notice under S.9 not served upon claimant nor such notice produced in Court--Held, since requisite notices under S. 9 were not issued, provisions oT S. 25(2) could not be invoked. A I R 1973 Mys. 22 ref. (f) Land Acquisition Act (I of 1894)-- ---S.25--Claimant omitting for sufficient reasons to make claim for compensation--Claimant acting in good faith and there did not appear to be any negligence on their part--Courts below finding appropriate to condone default of claimant--High Court, in second appeal, held, could not take contrary view and set aside decision of lower Courts circumstances--Civil Procedure Code (V…

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