Case Details

Citation(s)
1993 SLG 308 1993 SLD 308 1993 PLD 80
Supreme Court of Pakistan
Civil Appeal No.638-K of 1990, decision dated: ll-07-1992 (on appeal from the judgment of the High Court of Balochistan, Quetta dated 19-10-1989 passed in R.F.A. No.31 of 1988).
AJMAL MIAM SAIIAD ALI SHAH AND SALEEM AKHTAR, JJ
S.H. RizA, Advocate Supreme Court instructed by A. Aziz Khan Advocate-on-Record for Appellant. Ashraf Khan Tanoli, Advocate-on-Record No. 2.

SADIQ NIAZ RIZVI

VS

THE, COLLECTOR, DISTRICT LASBELLA and another

Law:

Section:

(a) Land Acquisition Act (I of 1894)- (b) I.And Acquisition Act (I of 1894)----- S.23 --- Determination of compensation --- Principles. Following are the principles for determination of compensation: (i) That an entry in the Revenue record as to the nature of the land may not be conclusive, for example, land may be shown in Girdawari as Maira, but the existence of a well near the land, makes it capable of becoming Chahi land; (ii) That while determining the potentials of the land the use to which the land is capable of being put, ought to be considered; (iii) That the market value of the land is normally 'o be taken as existing on the date of publication of the notification under section 4(l) of the Act but for determining the same, the prices on which similar land situated in the -vicinity was sold during the preceding 12 months and not 6-7 years may be considered including other factors like potential value etc. (c) Land Acquisition Act (I of 1894)- ---- S.23 --- Determination of compensation-Land in question was acquired for industrial estate which was being set up near Highway --- Supreme Court enhanced the price per acre by Rs.2,000 with interest and 15% acquisition charges. Market Committee, Kanganpur v. Rayyat Ali.and others 1991 SCMR JUDGMENT SAJJAD ALI SHAH, J.---In this appeal with leave is challenged judgment dated 19-10-1989 of Division Bench of.High.Court of Balochistan, Quetta, whereby five Regular First Appeals Nos.27 to 31 of 1988 have been dismissed with costs. Present appeal arises from F.R.A. No.31 of 1988. In the Supreme Court, five petitions were riled for leave to appeal and leave was granted vide common order passed on 30-1-1990, converting the petitions into appeals. Vide judgment dated 11-12-1991, other four appeals have been disposed of as partly allowed. Present appeal was left out on the ground that facts mentioned therein are somewhat different and its hearing was postponed. Relevant facts in the background are as under. 2. Department of Industries of Government of Balochistan, approached Collector of Lasbella (Respondent No.1 herein) for compulsory acquisition of land in connection with establishment of an industrial estate at…
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