Law:

Section:

Land Acquisition Act (I of 1894)-- ----Ss. 23 & 4---Acquisition of land---Award of compensation---" Market value"---Concept---Assessment of market value---Essentials---Market value has been described as what a willing purchaser would pay to the willing seller---For assessing the market value, it is also essential to look into the location of the land in question, potentiality-and the sale price of similar kind of land in vicinity at the relevant time---Principles. Secretary to Government of N.-W.F.P., Peshawar and 15 others v. Haji Fateh Khan and 15 others 2001 SCMR 974 and Pakistan Burmah Shell Ltd. v. Province of N.-W.F.P. and 3 others 1993 SCMR 1700 ref. JUDGMENT ABUDL HAMEED DOGAR, J.---By this common judgment, we propose to dispose of Civil Appeals Nos.2773, 2774 and 2775 of 2001 arising out of a consolidated judgment dated 22-5-2001 passed by a learned Division Bench of Peshawar High Court, Peshawar, in R.F.As. Nos.42, 43, 44, 49, 50 and 51 of 1995 whereby the same were dismissed. R.F.As. Nos.42, 43 and 44 were filed by the appellants whereas R.F.As. Nos.49, 50 and 51 were tiled by the respondents respectively. 2. The facts relevant for the disposal of the instant appeals are that some land in the vicinity of Bagh-e-Aram, Mardan, was acquired by the appellant for the extension of the college. In respect of which Awards bearing No.39/4 dated 17-4-1985, 38/4 dated 17-7-1985 and 32/4 dated 12-4-1984 were passed by the Land Acquisition Collector, Mardan after observing legal formalities and issuing necessary Notifications under sections 4, 17, 6 and 9 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). Vide Award No.39/4 1 Kanal, 3 Marlas of land was acquired at the rate of Rs.1226.85, vide Award No.38/4, 2 Kanals, 10 Marlas was acquired at the rate of Rs.1,314 per Marla and vide Award No.32/4 ill Kanals, 1 Marla was acquired at the rate of Rs.1,242 per Marla. The respondents/affected landowners, feeling aggrieved, instituted Objection Petitions under section 18 of the Act against the aforesaid Awards before the Land Acquisition Collector, who forwarded the same under section 19 of the Act to the learned District Judge, Mardan, for…

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