Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Land Acquisition Act (I of 1894), S. 54--Acquisition of land--Enhancement of compensation according to market value--Courts below in determining market value of land in dispute examining all aspects of evidence and drawing a conclusion of facts which was fully borne out from record and did not merit examination--Leave refused. M. Nazirullah Khan, Advocate Supreme Court instructed by Nur Ahmad Khan, Advocate-on-Record for Petitioner. S. Safdar Hussain, Advocate-on-Record for Respondents. Date of hearing: 19th October, 1985. ORDER SHAFIUR RAHMAN, J.--Government of Pakistan seeks leave to appeal against the judgment of the Peshawar High Court, dated 28th of May, 1985 whereby its Regular First Appeal filed under section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was dismissed. The land measuring 1 Kanal 7 Marlas belonging to the respondent No. 1 was acquired by the petitioner by a notification under section 4 of the Act, dated 14-6-1980. By a corrigendum, also a notification under section 4 of the Act, dated 29-3-1982 another land measuring 4 Kanals 1 Marla belonging to the respondent was also sought to be acquired. The Collector Land Acquisition awarded a compensation of Rs.24,422.40 per Kanal. The respondent No. 1 filed a reference under section 18 of the Act which was heard and disposed of by the Senior Civil Judge, Abbottabad, exercising the powers of District Judge under the Act. The compensation was enhanced to Rs.1,00,000 per Kanal. The petitioner felt aggrieved by such an enhancement of the compensation and filed a Regular First Appeal which was dismissed. The learned counsel for the petitioner contended that the land was admittedly Maira and the compensation had rightly been adjudged by the Collector keeping in view its quality and location. According to the learned counsel for the petitioner, the Senior Civil Judge committed a legal error in treating the land as a building site and in determining its value as such. The Collector, Land Acquisition was, it appears, of the view that the land in dispute was a potential building site as all round buildings, commercial and…

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