Case Details

Citation(s)
1993 SLG 942 1993 SLD 942 1993 CLC 592
Lahore High Court

CH. MUSHTAQ AHMAD KHAN, J
Syed Zamir Hussain for Appellant. Ch. Muhammad Ismail for
Respondent. Rana Muhammad Arshad Khan AddIA. G. for
Respondent

NATIONAL WOOD INDUSTRIES, GUJRAT

VS

Mst. FAZALBEGUM and another

Law:

Section:

(a) Land Acquisition Act (I of 1894)--­ ---S. 54---Appeal---Company for whose benefit land had been acquired whether had locus standi to file appeal against order of referee Court---Award made by Land Acquisition Collector becomes final so far as a local authority or a company is concerned---Such authority or company has neither right to ask for a reference nor on parity of reasoning, a right to prefer an appeal against decision made upon a reference---Merely because company concerned was a party to reference and compensation was to be paid by it on an enhanced rate in pursuance of an order passed by the lower Court was not a ground for holding that such company was entitled to file appeal against the order in question---Company concerned had thus, no locus standi to file appeal against order on references. Pir Khan v. Military Estate Officer, Abbottabad and others PLD 1987 SC 485; ICI Pakistan Limited v. Salahuddin and others 1991 SCMR 15 and Iftikhar Hussain and others v. Pakistan through Secretary, Ministry of Defence, Rawalpindi and others 1991 SCMR 2191 rel. (b) Land Acquisition Act (I of 1894)---- ----Ss. 4 & 23---Acquisition of land---Compensation---Mode for determining--­While determining compensation relevant date was the date of the notification issued under S.4(1), Land Acquisition Act, 1894, and the price of land sold within one year prior to the date of notification was the most relevant piece of evidence---Such factor was not, however, the sole criterion for determination of market value---An average statement based upon sales of all qualities and of all situations and the entry in the Revenue Record as to the nature of the land was not always conclusive---Potential of the land as also the use to which land was capable of being put was also to be taken into consideration---Principles to be followed for consideration of future prospectus of land while determining compensation stated. While determining compensation the relevant date was the date of the notification issued under section 4(1) of the Land Acquisition Act and the price of the land sold within one year prior to the date of notification was the most relevant piece of evidence. But…
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