| Citation(s) |
|---|
| 1996 SLG 1276 1996 SLD 1276 1996 SCMR 1010 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal Nos. 1049 & 1050-L of 1993, decision dated: 17-01-1995
SAAD SAOOD, JAN, MANZOOR HUSSAIN SIAL AND MUKHTAR AHMAD, JUNEJO, JJ
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Civil Petition for Leave to Appeal Nos. 1049 & 1050-L of 1993, decision dated: 17-01-1995
SAAD SAOOD, JAN, MANZOOR HUSSAIN SIAL AND MUKHTAR AHMAD, JUNEJO, JJ
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PROVINCE OF PUNJAB and others
VS
Haji MUHAMMAD HUSSAIN and others
Law:
Section:
Land Acquisition Act (I of 1894)--S. 23---Constitution of Pakistan (1973), Art. 185(3)---Compensation for land acquired---Reference Judge on basis of evidence on record assessing value of land---High Court affirmed assessment of value as determined by Reference Judge---Validity---Land in question was situated within Municipal limits of city--Controversy between parties with regard to rate of compensation being question of fact was concurrently resolved by Courts below on basis of evidence on record---Finding in question, did not suffer from any infirmity---Question whether High Court should have allowed petition to adduce additional evidence was duly considered by the High Court and was rightly declined on the ground that even if that evidence comprising of documents was allowed to be produced same would not advance case of petitioners---Leave to appeal was refused in circumstances. Ijaz Ahmad Chaudhry, Assistant Advocate-General, Punjab and Rao Muhammad Yusuf Khan, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 17th January, 1995. ORDER SAAD SAOOD JAN, J.---Land measuring 31 Kanals and 1 Marla owned by the respondents was acquired by the Provincial Government for the construction of a general bus stand. The notification under section 4, Land Acquisition Act, was published on 14-5-1971 and the Land Acquisition Collector announced his award on 16-8-1971. He assessed the rate of compensation at Rs.420 per Marla. The respondents were dissatisfied with the award as, according to them, the price of land ought to have been fixed at Rs.1,200 per Marla. They moved the Collector under section 18, Land Acquisition Act, to make a reference to the Civil Court. Accordingly, the Collector referred the dispute to the Senior Civil Judge, Gujrat. After recording evidence of the parties the learned Senior Civil Judge raised the rate of compensation to Rs.800 per Marla. The…
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