Law:

Section:

Land Acquisition Act (I of 1894)--S. 23---Matters to be considered in determining compensation---Spirit of S.23, Land Acquisition Act, 1894, mandates that the Collector has to consider the potential value and future prospects of the land under acquisition in addition to one year average. Abdul Samad Khan, Advocate Supreme Court/Advocate-on-Record for Appellants. M. Zahoor Qureshi, Advocate-on-Record (absent) for Respondents. Date of hearing: 16th November, 1999. JUDGMENT CH. MUHAMMAD ARIF, J.---The above appeals under section 54 of the Land Acquisition Act (No. l of 1894), hereinafter referred to as the Act, are directed against a common judgment of the Peshawar High Court, Peshawar in R.F.As. Nos.40 and 41 of 1993 whereby the present appellants' appeals were dismissed with the result that the enhancement of the rate of Rs.800 per Marla allowed by the learned Senior Civil Judge/Referee Judge, was maintained. 2. Respective portions of the land in both the R.F.As. i.e. 30-acres in R.F.A. No.40 of 1994, and 88-Kanals 10-Marlas in R.F.A. No.41 of 1994 situated in Mauza Ghalla, Dher Tehsil and District Mardan were acquired for Industrial Estate Mardan. The rate of compensation for 3-acres of land was fixed at Rs.97.42 per Marla while that for 88-Kanals, 10-Marlas was fixed at Rs.101.72 per Marla in Awards No. 1633-36/LAC, Mardan dated 3-7-1982 and 29/4 dated 22-1-1984, respectively. The respondents/owners preferred applications- under section 18 of the Act for reassessment of rate of compensation through Court. Their case was that in view of the location of the acquired land on the G. T. Mardan Nowshera Road where Industrial and Residential Colonies are also located, the Land Acquisition Collector has ignored the potential value and prevailing market price of the suit lands which should be at the rate .of Rs.2,000/5,000 per Marla. The learned District Judge, Mardan sent the applications to the Senior Civil Judge for disposal by order of the High Court. The following issues were framed in R.F.As. Nos.40 and 41 of 1994.: R.F.A. No.40/94: "(1) Whether the compensation assessed for the suit property was not according to the market value of the suit property? (2) What…

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