Case Details

Citation(s)
1996 SLG 1461 1996 SLD 1461 1996 CLC 1193
Peshawar High Court
Regular First Appeal No. 24 of 1995, decision dated: 27-02-1996, hearing DATE : 18-12-1995
ABDUR REHMAN KHAN AND ZEENAT KHAN, JJ
Shah Jehan Khan, Addl .A.G. for Appellant No. 1. Mian Muhammad Younis Shah for Appellant No. 2. Muhammad Alam Khan for
Respondents

COLLECTOR, LAND ACQUISITION, NOWSHERA and others

VS

ABDUR RASHID and others

Law:

Section:

Land Acquisition Act (I of 1894)-------Ss. 4, 18 & 23---Factors to be taken into consideration while determining value of land to be acquired---Market value of land although is normally to be taken as existing on the date of publication of notification under SA(1), Land Acquisition Act, 1894, yet for determining such value Court can look at the prices on which similar lands were sold during preceding 12 months---Such land should not be valued merely by reference to the use to which same was being put at the time alt which its value had to be determined, but also by reference to the uses to rich it was reasonably capable of being put into the future potential value of property should also taken into consideration---Where testimony of objectors and their witnesses had gone unchallenged and no evidence had been led to prove that their acquired land had not that potential value as objectors and their witnesses deposed to, such evidence of objectors, could not be discarded---Court, thus committed no illegality in enhancing market value---Compensation as determined by Court was maintained in circumstances. PLD L988 SC 32; Sub. Haidar Zaman and others v. Government of N.-W.F.P. and others 1987 SCMR 465; PLD 1986 SC 158 and PLD 1970 Quetta 35 rel. AIR 1982 Him. Pra. 118; AIR 1979 SC 472; AIR 1969 Ker. 265; AIR 1975 Madh. Pra. 46 and PLD 1991 FSC 398 ref. JUDGMENT ABDUR REHMAN KHAN, J.---This judgment will dispose of the above two appeals as they arise from the common judgment of the learned Acquisition Judge dated 21-11-1994, whereby while accepting the objection petition filed by the objectors-appellants under section 18 of the Land Acquisition Act, the price of the land per Marla was enhanced to Rs.1,351.35. The prayer in R.F.A. No. 24 of 1995 is that this enhancement in the price is unwarranted and, therefore, the judgment may be set aside and the price of the land as given in the award of the Collector be restored. The relief claimed in R.F.A. No.25 of 1995 by the objectors is that the price should further be enhanhced to Rs.2,000 per Marla and to the same extent the impugned decision may be modified. 2. The factual background of these appeals is that the…
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