| Citation(s) |
|---|
| 1998 SLG 1523 1998 SLD 1523 1998 CLC 2052 |
Supreme Court (AJ&K)
Civil Appeals Nos.56 of 1996 and 2 of 1997, decision dated: 17-06-1997.(On appeals from the judgment of High Court, dated 30-9-1996 in Civil Appeals Nos.56 of 1996 and 51 of 1994 respectively)
SARDAR SAID MUHAMMAD KHAN, C.J. AND BASHARAT AHMAD SHAIKH, J
Sardar Muhammad Azad Tariq, Advocate for Appellants. Kh. Shahad Ahmad and Raja Muhammad Hanif Khan, Advocates for
Respondents (in Civil Appeal No. 56 of 1996). Raja Muhammad Hanif Khan, Advocate for Appellants. Sardar Muhammad Azad Tariq, Advocate for Res
Civil Appeals Nos.56 of 1996 and 2 of 1997, decision dated: 17-06-1997.(On appeals from the judgment of High Court, dated 30-9-1996 in Civil Appeals Nos.56 of 1996 and 51 of 1994 respectively)
SARDAR SAID MUHAMMAD KHAN, C.J. AND BASHARAT AHMAD SHAIKH, J
Sardar Muhammad Azad Tariq, Advocate for Appellants. Kh. Shahad Ahmad and Raja Muhammad Hanif Khan, Advocates for
Respondents (in Civil Appeal No. 56 of 1996). Raja Muhammad Hanif Khan, Advocate for Appellants. Sardar Muhammad Azad Tariq, Advocate for Res
MUHAMMAD SHARIF and 7 others
VS
AZAD GOVERNMENT and another
Law:
Section:
(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)----------S.42(11)---Direct appeal without grant of leave---Maintainability---Although subject-matter of the dispute in the Court of first instance and also in appeal was more than fifty thousand rupees yet the Constitutional provision provided in S.42(11) of the Azad Jammu and Kashmir Interim Constitution Act was applicable only if the decree appealed from, was varied or set aside the decree of the Court immediately below---Such provision had no application to a decree of affirmation. Azad Jammu and Kashmir Government through Chief Secretary v. Sikandar Khan Contractor and others 1991 CLC 561 and N.-W.F.P. through Collector, Abbottabad Land Acquisition and others v. Haji Ali Asghar Khan and others 1985 SCMR 767 ref. (b) Land Acquisition Act (I of 1894)--- ----S. 10---Compensation---Market value---Criteria---Price of small pieces of land could not form basis of market value of big tract of land---If land was sold for a higher price due to its peculiar location, it did not mean that all lands in the same vicinity must also be assessed at the same rate---Claimant was to prove that the acquired land could also be put to same use. Faiz Akbar Khan and others v. Azad Government and others 1996 SCR 132; Fazal-ur-Rehman and others v. General Manager, S.I.D.B. and another PLD 1986 SC 158; Koyappathodi M. Ayisha Umma v. State of Kerala 1992 PSC 1280; Habibullah Khan and 4 others v. Collector, Quetta PLD 1984 Quetta 11; Rathnamasari and others v. Secretary of State AIR 1923 Mad. 332; Manmatha Nath Mullick v. Secretary of State AIR 1924 Cal. 574; Choithram Begraj v. Secretary of State AIR 1931 Sind 52 and Land Acquisition CollectorII, Tarbela Dam Resettlement Organization, WAPDA and 2 others v. Haji Hakim Khan and 41 others PLD 1976 Pesh. 50 ref. (c) Land Acquisition Act (I of 1894)--- ----S. 4---Transaction after notification---Proof---Transaction taking place after notification under S.4, must be proved to be bona fide and the onus to prove it was on the landowner. JUDGMENT BASHARAT AHMAD SHAIKH, J.---The dispute raised in the present cross-appeals relates to quantum of compensation payable in lieu of…
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