Law:

Section:

Constitution of Pakistan (1973)--Art. 185(2)(e)---Supreme Court Rules, 1980, O. XII, R.2(2)---Appeal, delay in filing---Condonation of delay---Explanation for filing the delayed appeal was that it was filed in time as a petition for leave to appeal and on an office objection that a direct appeal lay, suitable modifications in the memorandum of appeal were made and the appeal was re-filed---Petition for leave to appeal having been presented within time prescribed for direct appeal and the return of it having occasioned delay which was bona fide could be condoned. (b) Land Acquisition Act (I of 1894)-- ----Ss. 23 & 24---Determination of compensation---Matters to be considered and neglected by Courts while determining the compensation illustrated--­Criteria or factors to be taken note of as plus and minus factors also listed. Special Land Acquisition Officer, Banglore v. T. Adinarayan Setty AIR 1959 SC 429 and Chimanlal Hargovinddas v. Special Land Acquisition Officer, Poona and another AIR 1988 SC 1652 ref. JUDGMENT SHAFIUR RAHMAN, J.---This appeal has been filed as a matter of right under Article 185(2)(e) of the Constitution. It challenges the enhancement of compensation of the land acquired for the requirements of the appellant, from Rs.372.60 per kanal to Rs.150 per marla or to, Rs.3,000 per kanal by the High Court vide its judgment dated 5-6-1989. 2. 50 kanals 15 marlas of land belonging to respondents Nos. 1 to 6 was required for a public purpose namely establishing Market Committee Kanganpur in District Kasur. A notification with regard to it under section 4 of the Land Acquisition Act, 1894 appeared on 7-4-1972 followed by other notifications, ultimately ending up in an award dated 29-4-1975 whereunder compensation, on the average sales of one, year preceding the notification under section 4, was worked out in the estate @ Rs.372.60 per kanal and the same was awarded to the respondents. The respondents objected to it and riled a Reference under section 18 of the Land Acquisition Act which was dismissed on 10-7-1984. In the Reference Application the respondents had claimed compensation a Rs.1,000 per marla. They put in certain sale mutations in support…

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