Law:

Section:

Keywords: Acquisition, Execution, Place, Division, Sale Deed, Reduction, Leave, Land In Dispute, Ownership, Consideration, Provisions, Rebuttal, Estate, Land, Orders, Language, Proceedings, Methods, Property, Entitled To Compensation, Assign, Issuance, Possession, Compensation, Order, Lands, Dispute, Publication, Conditions, Government, Copies, Fixation, Deeds, Profits, Determination, Interpretation, Period, Acquisition Of Land, Fictitious, Notification, Evidence, Survey ORDER ABDUL MAJEED MALLICK, CJ.- Land measuring 4 kanals 10 marlas comprising survey No. 38-min, in the ownership and possession of Mst. Alif Noor and 5 kanals 8 marlas, comprising survey No. 37/600-min, in the ownership and possession of Sain Khan, situate in village Chela Bandi, Tehsil Muzaffarabad, was acquired vide Award No. 40/86 on November 3, 1986. The Collector Land Acquisition fixed the market value of the land @ Rs. 52,000/- per kanal, in addition to 15% compulsory acquisition allowance. The land-owners feeling dissatisfied with the amount of compensation made reference. The learned District Judge accepted the reference of Mst. Alif Noor and enhanced the amount @ Rs. 70,000/- per kanal. The order was passed on December 11, 1991. The Reference made by Sain Khan was dismissed on September 27,1989. Separate appeals were addressed against both the orders. The Division Bench comprising my learned brothers Mr. Justice M.H. Gilani and Mr. Justice, Riaz Akhtar Chaudhry, consolidated both the appeals and disposed them together. Mr. Justice M.H. Gilani, the learned Judge arrived at the conclusion that the appellants were entitled to compensation of their land @ Rs. 1,62,230/- per kanal. Mr. Justice Riaz Akhtar Chaudhry, the learned Judge, however, was not in agreement with the aforesaid conclusion, as such recorded his difference of opinion. The learned Judge dismissed both the appeals. On account of difference of opinion, the matter has been referred to this Court. 2. The land in dispute was acquired for the Azad Jammu and Kashmir University. Notification under Section 4, Land Acquisition (Housing and Development Schemes) Ordinance, 1984 was issued on June 27, 1984. It was published in the…

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