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Land Acquisition Act (I oaf 1894)-----S. 4--Acquisition of land--Area in question acquired for industrial purposes--No sale admittedly had taken place, in villages being acquired, during the last 15 years because of ban on sales by Government--­Reference to sales in adjoining villages, held, was entirely appropriate. Maulvi Sirajul Haq, Senior Advocate Supreme Court and M. Qasim Imam, Advocate-on-Record for Petitioners. (in all appeals). Bashirullah Khan, Asstt. A.-G. N.-W.F.P. with Nur Ahmad, Advocate-on-Record (absent) for Respondent. Qazi Attiqur Rehman, Advocate Supreme Court for the Sarhad Development Authority. Date of hearing: 6th March, 1986. JUDGMENT NASIM HASAN SHAH, J.--This judgment will dispose of six appeals, namely, Civil Appeal No.9-P of 1974 to Civil Appeal No.14-P of 1974 because all the said appeals are directed against a common judgment, dated 18-12-1973 passed by the Peshawar High Court. The facts forming the background to these appeals are that in order to meet the growing demand of industrialisation the Government of the erstwhile Province of West Pakistan decided to establish industrial estates at various places including Peshawar. In this connection, it was proposed to acquire land measuring 1216 Acres 4 Kanals 9 Marlas in villages Tehkal Bala and Achini Payan on either sides of the G . T .Road. The area to be acquired was ultimately reduced to 704 Acres 5 Kanals 6 Marlas in village Tehkal Bala and 163 Acres 3 Kanals in village Achini Payan. Notifications for acquisition under section 4 were issued on 26-11-1964 but the owners of the area in question did not object to the acquisition but merely prayed that compensation be allowed to them at the rate of Rs.30,000 per Acre. The Land Acquisition Collector, Peshawar, in his award dated 22-12-1964, however, awarded compensation at the rate of Rs.3, 000 per Acre only alongwith compulsory acquisition charges at 15%. The land owners objected to the rate of compensation awarded in their favour and the matter was referred under section 18 of the Land Acquisition Act, 1894 to the civil Court for determination of the proper compensation of the acquired land and this matter was taken up by the…

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