Law:

Section:

Compensation--Land---Construction of dam causing damage to land ---Compensation---Land owned by the appellants which were of Bagh and Charri-Abi kind and receiving water for irrigation .from the river were either eroded or turned into Barani land as a result of construction of dam on the river and four water mills owned by the appellants also stopped functioning for want of water---Trial Court, in a suit for recovery of compensation by appellants passed decree for certain sum as principal - amount of compensation for the damage done to the appellant's property---High Court reduced the amount with the reasoning that the Trial court while awarding compensation to the appellants took into consideration and looked into the market value only which was usually fixed for acquisition purposes and did not consider the other aspect of the case that the property though damaged was still in the ownership and possession of the appellants and could be used by them for many purposes other than agricultural and likewise chances of reclamation of the land for agriculture and restoration of the water mills was also not ruled out---Appellants in order to prove that the land in question had for all practical purposes been "destroyed altogether" and it was of no use to the appellants at all declared before the Supreme Court that the land in question was. no more "land" as visualised by the High Court, and they were ready to surrender the same to the Authorities without any additional compensation than what was awarded by the Trial Court---Surrender of the land offered by appellants being a positive proof of the fact that it was of no use to them, Supreme Court observed that no evidence was necessary in that behalf---Supreme Court while setting aside the of the High Court restored the of Trial Court with the condition, direction and order that the land in question stood surrendered to the ownership of the Authority; appellants will have no right or interest thereon and necessary consequential actions should be taken including the change of physical possession and all the entries in the record of rights. JUDGMENT MUHAMMAD AFZAL ZULLAH, C.J: -This direct appeal in a land compensation…

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