| Citation(s) |
|---|
| 1987 SLG 367 1987 SLD 367 1987 SCMR 465 |
Supreme Court of Pakistan
Civil Petitions for Special Leave to Appeal Nos. 37-P, 38-P, 39-P, 40-P, 67-P and 219-P of 1983, decision dated: 27-11-1984
MUHAMMAD AFZAL ZULLAH, M.S.H. QURAISHI AND MIAN BURHANUDDIN KHAN, JJ
Qazi Abdul Rashid, Advocate Supreme Court and Jan Muhammad Yousafzai, Advocate-on-Record for Petitioners (in all C.Ps.) S. Ibne Ali, Additional Advocate General, N.W.F.P. and Nur Ahmad Khan, Advocate-on-Record for
Respondent No. 2 (in all C.Ps.) Abdur Ras
Civil Petitions for Special Leave to Appeal Nos. 37-P, 38-P, 39-P, 40-P, 67-P and 219-P of 1983, decision dated: 27-11-1984
MUHAMMAD AFZAL ZULLAH, M.S.H. QURAISHI AND MIAN BURHANUDDIN KHAN, JJ
Qazi Abdul Rashid, Advocate Supreme Court and Jan Muhammad Yousafzai, Advocate-on-Record for Petitioners (in all C.Ps.) S. Ibne Ali, Additional Advocate General, N.W.F.P. and Nur Ahmad Khan, Advocate-on-Record for
Respondent No. 2 (in all C.Ps.) Abdur Ras
Sub. HAIDER ZAMAN and others
VS
GOVERNMENT OF N.W.F.P. and others
Law:
Section:
(a) Land Acquisition Act (I of 1894)-----Ss. 4, 17 & 23--Constitution of Pakistan (1973), Art. 185(3)--Fair compensation--Assessment of--No basis for objection laid by producing relevant material including inflationary index and its co-relation with increase in land price in locality concerned or similar locality-Compensation awarded also not found to be unfair--Leave to appeal refused. Muhammad Yusuf and others v. Capital Development Authority, Islamabad and others P L D 1976 SC 752 and Mst. Sardar Begum and 142 others v. The Capital Development Authority and 2 others P L D 1977 Lah. 1200 cited but not examined. (b) Land Acquisition Act (I of 1894)- ---Ss. 4, 17 & 23--Constitution of Pakistan (1973), Art.185(3)--Fair compensation--Assessment on basis of market value--No mistake of law or principle involved--Clerical or arithmetical error if any, in making calculation on basis of Parta Bandobast could be corrected in accordance with of High Court which proceeded on basis not found to be suffering from any infirmity--Leave to appeal refused. ORDER MUHAMMAD AFZAL ZULLAH, J.--These petitions are directed against judgments and orders of the Peshawar High Court, whereby regular first appeals against decisions upon reference under section 18 of the Land Acquisition Act (No.1 of 1894) were partly allowed. Common questions are involved, therefore, they are being disposed of together. The facts and grounds in all these petitions excepting Civil Petition No. 219-P of 1983 wherein the opposite party has laid different grounds, are the same, therefore, they are stated below as narrated therein. "The petitioner's land of undisputed identity was situated in village Khulabat which was notified under section 4 of the Land Acquisition Act on 3-5-1967 for acquisition under Tarbela Dam Reservoir Project. The Land Acquisition Collector announced his award on 12-10-1973, the land under acquisition was expropriated in July/August, 1974 from the petitioners through submergence, the petitioners objection petition against the award was partially accepted by the Reference Court of Additional District Judge, Haripur on 25-5-1978, and the respondents first appeal in turn was then…
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