Law:

Section:

Land Acquisition Act (I of 1894)--S. 23---Compensation---Determination---Court, while determining the amount of compensation, has to advert to the evidence brought on record by the parties---Appropriate action by the Court would be that question of amount of compensation, inter alia, was determined with reference to the evidence brought by the parties on record in respect of each set of award. Sardar Abdur Rauf Khan and others v. The Land Acquisition Collector/Deputy Commissioner, Abbottabad and others 1991 SCMR 2164 and Province of Punjab through Collector, Bahawalpur District, Bahawalpur and others v. Col. Abdul Majeed and others 1997 SCMR 1692 ref. Sarhad Development Authority v. Fakhre Alam R.F.A. No. 3 of 1991 not approved. JUDGMENT AJMAL MIAN, C.J.---By this common judgment, we intend to dispose of the above 25 Civil Appeals which are directed against various judgments all dated 11-10-1995 of a Division Bench of the Peshawar High Court, Circuit Bench at Abbottabad passed in R.F.As. Nos. mentioned in the title of this judgment, which were filed by the respondents against the judgments of the Referee Judge for enhancement of the compensation amounts allowed for the acquired land, allowing the same by enhancing the amounts of compensation to Rs.52,998 per Kanal in case of irrigated land and Rs.31,362 per Kanal pertaining to un-irrigated land on the basis of its previous judgment in the case of Sarhad Development Authority v. Fakhre Alam in R.F.A. No. 3 of 1991. 2. The brief facts are that a notification under section 4 of the Land Acquisition Act, 1894, hereinafter referred to as the Act, was issued by the Deputy Commissioner/Land Acquisition Collector, Abbottabad, notifying the intention of the Government to acquire land measuring 5586 Kanals 12 Marlas situated in village Kot Najibullah and 576 Kanals 17 Marlas in village Bandi Gulla for the purpose of setting up an Industrial Estate by the Sarhad Development Authority. However, the above area was later on reduced to 3289 Kanals 11 Marlas from village Kot Najibullah and 202 Kanals 11 Marlas from village Bandi Gulla, hereinafter referred to as the land. It seems that under various notifications issued under…

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