Law:

Section:

(a) Land Acquisition Act (I of 1894)-------S. 23---Civil Procedure Code (V of 1908), S.96---Compensation for acquired land---Collector's award was enhanced by Referee Court on the ground that entire acquired land had changed its agricultural nature and had become almost commercial area---Land in question was admittedly acquired for the benefit of the Company and for commercial purpose---Flat. rate fixed by Referee Court at Rs.18,000 per Kanal ignoring classification and improvements was correctly determined by it---Landowners, however, would be entitled to receive 25 per ,cent: compulsory acquisition charges. (b) Land Acquisition Act (I of 1894)--- ----S. 18---Non-specified shares of owners of joint property---Entitlement to enhanced rates---Joint property owners not having specified shares had applied under S.18, Land Acquisition Act, 1894, objecting to inadequacy of compensation---Reference by such owners would be deemed to be on behalf of all co-owners and entitled them to share enhanced rate. AIR 1963 Punjab 490 rel. AIR 1963 Punj. 490 and PLD 1971 Azad J&K 33 ref.. Abdul Wajid Khan for Appellant. Muhammad Younas Khan Tanoli and Syed Farzand Hussain Shah for Respondent No. 3. Date of hearing: 26th February, 1996. JUDGMENT QAZI EHSANULLAH QURESHI, J.---Briefly narrated facts of the case are that certain land situated in Mauza Dhamtaru, Tehsil and District Abbottabad, measuring 28 Kanals, 5 Marlas, was acquired by the Collector, Land Acquisition, Abbottabad for P.I.A. Shaver Polutry Breeding Farms Ltd. The notification under section 4 of the Land Acquisition Act, 1894 was issued in this respect on 28-3-1978 and an award under section 11 of the aforesaid Act was declared on 19-5-1978 followed by notification under section 17 of the Act ibid on 28-5-1978. Possession of the acquired land was taken on the spot on 18-8-1978. The Collector relying on the report of Tehsildar, Abbottabad dated 6-2-1979 assessed the prices of the acquired land basing on one year average as under:-- Bari . . . . . . . . . . . Rs.13,125 per Kanal. Maira/Kund . . . . . . . . Rs.4,305 per Kanal. Ghair Mazrooha . . . . . . . . . Rs.105 per Kanal. The Collector further allowed 8%…

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