Law: Land Acquisition Act, 1894

Section: 18,28

Land Acquisition Act (I of 1894)--   ---Ss.18 28--Land acquisition for public purposes--Award of compensation and interest--Reference to Court--Government acquiring land for public purposes and awarding compensation at rate of Rs.2,500 per marla with interest of 6 per cent and compulsory acquisition charges--Rate of compensation enhanced to Rs.4,000 per marla on reference and appeals to High Court--Appeals to Supreme Court by both parties--Suit land being situate in locality where it would attract interested customers willing to purchase it at fairly reasonable price; finding of High Court being based on proper appreciation of evidence on record which suffered from no infirmity warranting interference by Supreme Court and private owners having themselves claimed before lower Court Rs.4,000 per marla as reasonable price, rate of compensation awarded by High Court upheld, but in view of amendment in the Act, compound interest allowed at the rate of 8 per cent per annum--Appeal by Land Acquisition Collector dismissed with costs. JUDGMENT USMAN ALI-SHAH, J.--This Appeal No.71 of 1979 by leave of the Court and connected C.P.L.A. No.64 of 1980 which is converted into appeal have arisen from the judgment and order dated 2-10-1979, passed in R.F.A. No.12 of 1970, whereby, appeal of the respondent in C.A. No.71 of 1979, against the judgment dated 30-7-1969 of the Senior Civil Judge, Lahore was accepted by the impugned judgment. On 13-12-1963, land measuring 10 Kanals 106 sq.ft. bearing Khasra No.2354, situate at the Intersection of Upper Mall and Canal (Lower Bari Doab Canal) Lahore, owned by the appellant in appeal No.64 of 1980 was taken possession of by the Government for public purpose to construct Bungalows for Ministers. In this connection Notification under Section 4 of the Land Acquisition Act, 1894, was issued on 14-7-1965. The appellant/owner was awarded compensation at the rate of Rs.2,500 per marla for the land, compulsory acquisition charges at the rate of 15$, interest at the rate of 6 o from the date of possession i.e. 14-7-1965 and compensation at the rate of 6 frog, the date of Notification under Section 4 of the Land Acquisition Act, 1894, viz.…

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