Law: Land Acquisition Act, 1894

Section: 18

Law: Constitution of Pakistan, 1973

Section: 185(3)

Land Acquisition Act (I of 1894)   S. 18 Constitution of Pakistan (1973), Art. 185 (3) Land was acquired in 1967 while award for value thereof was given in 1988 Petitioners claiming enhanced compensation Entitlement Matter remained pending between different Courts for many years and petitioners had exhausted their opportunity to lead evidence Leave to appeal was granted to consider whether judicial notice could be taken about the increase in price of acquired land, in absence of any evidence on the point and, if so, what should be the criterion for such increase in price of acquired land.  N: W.F.P. through Collector, Abbottabad Land Acquisition v. Haji Ali Asghar Khan 1985 SCMR 767; Sher Ahmed Khan v. Land Acquisition Collector PLD 1978 Pesh. 138 and Malik Aman v. Land Acquisition Collector PLD 1988 SC 32 ref. ORDER MUKHTAR AHMED JUNEJO, J.Leave to appeal is sought for challenging a Division Bench Judgment of the Peshawar High Court, Circuit Bench, Abbottabad delivered on 18 5 1994 in R.F.A. No. 41 of 1988. The case relates to acquisition of lands situated m village Swabi Maria for construction of Tarbela Dam. Notification under section 4 of the Land Acquisition Act (hereinafter mentioned as `the Act’) was issued on 3 5 1967 while the Land Acquisition Officer gave his award on 25 6 1973, assessing compensation on basis of the entries in Jamabandi for the year 1962 63. The affected persons moved under section 18 of the Act for reference to Civil Court. They succeeded in obtaining an ex parte decree from the Court of Additional District Judge, Haripur on 26 3 1977. The ex parte decree was declined to be set aside and the matter went to the High Court which set aside the ex parte decree on 6 11 1984 and referred the case to the Acquisition Judge for fresh decision. The Acquisition Judge gave his judgment on 4 5 1988 excluding from consideration copy of a judgment dated 16 4 1979 and copy of a judgment dated 13 4 1980 on the ground that evidence recorded in one case cannot be imported in another case. Judgment by the Acquisition Judge dated 4 5 1988 was challenged in Peshawar High Court which decided the same under judgment dated 13 2 1990. Said…

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