Law:

Section:

Land Acquisition Act (I of 1894)-----S. 23--Compensation--Award of compensation for the same village or for similar land in contiguous and adjoining villages can be made basis for determining compensation, in very rare cases, like the one where vast scale tampering with the records was established--Dangers of relying on the so-called final awards regarding similar land in the same village or in adjoining villages highlighted. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--These three direct appeal have arisen out of land compensation cases regarding acquisition made for Tarbela Dam in the revenue estate known as 'Thapla' The lst and 3rd appeals have been withdrawn and the separate orders have also been passed about their disposal. In the C.A.No.237/83, the learned counsel has stated that the dispute relates only to 18 kanals 10 marlas in Khasra No.311. According to him, the major part of the land in question was recorded in the revenue papers-- classification-wise as if, it was subject to and affected by river action known as Saren. He further explained that this meant that some time the land would be benefited by river action and at others it would be damaged by the same. Be that as it may, on appellants' grievance, the learned Referee District Court re-classified the entire area of 18 Kanals 10 Marlas as Bahir Di Abi a higher class of land, accordingly double the compensation, amounting to about Rs.2,858 per Kanal, was awarded for this entire area. On Government appeal the decision of the Referee Court was upheld only regarding 4 Kanals of land on .the ground that only that much area was proved by documentary evidence as falling within classification of Bahir Di Abi. The remaining iand being of inferior class, it was further held, could not be compensated at par with said 4 kanals. The learned counsel further stated that although it was correct that only 4 Kanals was entered in the relevant papers as Bahir Di Abi, the remaining land being subject to the river action for irrgation purposes was of no less value. On these facts and circumstances, the learned counsel raised the following two contentions:- (i) That the types of land namely the one which is Bahir Di Abi and…

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