Law: Constitution of Pakistan, 1973

Section: 185(3)

Land Acquisition Act (1 of 1894)--S.18--Civil Procedure Code (V of 1908) S.109--Constitution of Pakistan (1973), Art. 185(3)--Acquisition of land--Reference to Court against Collector's award on question of compensation--Land-owner's claim with regard to re-classification of land rejected but compensation award enhanced by said Court--High Court upgraded classification of land and compensation was ordered to be assessed as such--Referee Court's compensation award was, however, reduced--High Court maintained assessment of the Collector regarding Chahi type of land while compensation for other types of land was directed to be made in accordance with compensation assessed on the basis of "Part a"--Legality of such order--Held, "Parts" in the land revenue related only to the productivity and profitability of the land but would not deal with the price of the land--No statutory requirement existed that for the sale of land, "Parts" was to be taken for evaluation of the land, because it was not a recognized mode of evaluation for assessment of market value of different kinds of land--Supreme Court thus rejecting mode of assessment on basis of "Parts" adopted by the High Court maintained the method of assessment adopted by the Referee Court, on acceptance of appeal. Abdul Hakim Khan, Senior Advocate Supreme Court and M. Afzal Siddiqui. Advocate-on-Record for Appellants (in all Appeals except in C.A. 43/83). Nur Ahmad Khan, Advocate-on-Record and J.D. Akbarji, Advocate­ General (N.-W.F.P.) for Respondents (in all Appeals). M. Afzal Siddqui, Advocate-on-Record for Appellants (in CA. No.43/83). Respondents (in CA. No.43 of 1983): Ex parte. Date of hearing: 11th February, 1989. JUDGMENT USMAN ALI SHAH, J.--The abovementioned direct appeals brought by the appellants, against the judgment and order of the Peshawar High Court, Circuit Bench, Abbottabad, dated 19-9-1982, passed in R.F.A. No.81/78 of the appellants and R.F.A. No.100/79 of the respondents, whereby objection petition of the appellants against the compensation award, dated 12-10-1973 by the Land Acquisition Collector, before the learned Addl. District Judge, Abbottabad was partially accepted. The facts of the case…

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