Law: Land Acquisition Act, 1894

Section: 23

(a) Land Acquisition Act (I of 1894)--S.23---Acquisition of land---Compensation on basis of market value---Perusal of award showed that land in question was treated as building site for all practical purposes---Documentary evidence on record threw light on market value of Sikm lands situated in the vicinity---Evidence of witnesses about the market value of land was supported from the, bulk of documentary evidence---Amount of compensation awarded by lower forums was thus unexceptionable. Government of Sindh and 2 others v. Muhammad Usman and 2 others 198.1 CLC 3406 anal Government of Pakistan v. Hamid Akhtar PLD 1987 Azad J & K 95 ref. (b) Land Acquisition Act (I of 1894)-- ----S.23---Amount of compensation for acquisition of land---Mode for determining. In order to determine the amount of compensation to the persons who were deprived of an interest in lands, market value could be assessed by taking into consideration the price paid for comparable property in the neighbourhood. The potential value viz. the value on account of use to which the land could be put in future was also a relevant consideration in making such assessment. Deputy Commissioner v. Raja Amair Zaman and others PLD 1985 Kar. 385; Fazalur Rehman and others v. General Manager S.I.D.B. and another PLD 1986 SC 158; Jan Muhammad and others v. Deputy Commissioner, Karachi PLD 1986 Kar. 164; Mrs. Gunj Khatoon and another v. The Province of Sindh, through Secretary, Revenue Department, Karachi and another 1987 SCMR 2084; Malik Aman and others v. Land Acquisition Collector and others PLD 1988 SC 32 and Muhammad Ibrahim and 3 others v. Province of Sindh and another 1991 MLD 90 rel. (c) West Pakistan Water and Power Development Authority Act (XXXI of 1958)-- ----S.23---Local Authorities Loans Act (IX of 1914), 2(vi)---Companies Ordinance (XLVII of 1984), S:2 (8)---General Clauses Act (X of 1897), S.3(28)--­West Pakistan General Clauses Act (VI of 1956), S.2(35)---Land Acquisition Act (I of 1894), S.20--Non-service of notice by Acquisition Judge to Water and Power Development Authority for which land in question was acquired---Proceedings before Acquisition Judge whether coram non judice due to…

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