Law:

Section:

(a) Land Acquisition Act (I of 1894)--Ss.23 & 24---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine the questions whether the average price of- land acquired worked out by the Authorities themselves could be reduced by more than one half, on the grounds which were stated to be not correct and whether the registered sale-deeds of the same period had been ignored on factually incorrect and irrelevant basis. (b) Land Acquisition Act (I of 1894)--- ----Ss.23 & 24---Determination of compensation---Factors to be considered and matters which were to be ignored while determining the compensation--­Basic requirement was objective assessment of evidence produced by the parties before the Court in order to determine compensation according to criteria specified in Ss.23 and 24 of the Act. Section 23 of Land Acquisition Act, 1894 requires that for determination of compensation, factors to be considered are market value of the land on the date of publication of notification under section 4 of the said Act, damages sustained at the time of taking possession, on account of severance of such land, affecting other property movable or immovable, sufferance of change of residence or place of business and diminution of profits. In addition to market value, the Court shall award a sum of 15% on such market value in consideration of compulsory nature of the acquisition. Section 24 of the said Act further specifies, matters which are to be neglected while determining the compensation. It is left open to the Court to determine compensation after taking into consideration factors and criteria mentioned above. No hard and fast rule can be laid down as to what kind of evidence is to be accepted or not because it is dependent on the quality of evidence and peculiar facts of that case. Basic requirement is objective assessment of evidence produced by the parties before the Court in order to determine compensation according to criteria specified in sections 23 and 24 of the said Act. Normally mutation in the record-of-rights is final step in the transaction of transfer of title to be considered as conclusive proof unless it is rebutted. It is open…

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