| Citation(s) |
|---|
| 2001 SLG 2514 2001 SLD 2514 2001 CLC 1249 |
Peshawar High Court
Regular First Appeals Nos.81 and 91 of 1997, decision dated: 13-03-2001
SARDAR MUHAMMAD RAZA KHAN, C.J. AND SHAH, JEHAN KHAN, J
Javed A. Khan for Appellants. M. Pervez Younas and M. Alam for
Respondents Nos. 11 to 21 (in R.F.A. No. 91 of 1997)
Regular First Appeals Nos.81 and 91 of 1997, decision dated: 13-03-2001
SARDAR MUHAMMAD RAZA KHAN, C.J. AND SHAH, JEHAN KHAN, J
Javed A. Khan for Appellants. M. Pervez Younas and M. Alam for
Respondents Nos. 11 to 21 (in R.F.A. No. 91 of 1997)
Mst. ABIDA and others
VS
GOVERNMENT OF N.W.F.P. and others
Law:
Section:
Land Acquisition Act (I of 1894)-------Ss. 18 & 23---Acquisition of land---Compensation, determination of--Landowners were dissatisfied by the compensation fixed by the Court in exercise of jurisdiction under S.18 of -Land Acquisition Act, 1894---High court had already fixed compensation of similar land in an earlier case--Landowners although demanded higher compensation, yet they were satisfied if the compensation fixed by the High Court in the earlier case be allowed to them which was acceded to by High Court and compensation was adjudged accordingly. WAPDA v. Aurangzeb Khan PLD 1975 Pesh. l; Province of the Punjab v. Naseeruddin 1994 SCMR 2091; Pir Khan. v. Military Estate Officer PLD 1987 SC 485 and Military Estate Officer v. Assistant Commissioner-cum-Collector, Quetta and 4 others 1997 CLC 556 ref. Abdul Samad Khan and others v. Project Director, Mardan Development Authority 2001 CLC 33 rel. JUDGMENT SHAH JEHAN KHAN, J.--- Regular First Appeal No.81 of 1997 Mst. Abida etc. v. Government of N.-W.F.P. and Regular First Appeal No.91 of 1997, Government of N.-W.F.P. etc. v. Mst. Abida etc. arising from the same judgment are disposed of by this common judgment. 2. For the extension of Sheikh Maltoon Township Mardan and for the construction of. 200 beds hospital, the Government of N.-W.F.P. and Mardan Development Authority (M.D.A.) Mardan was is need of certain property for which the required notification under section 4 was issued on 13-4-1989 which was subsequently amended through corrigendum notification, dated 3-2-1990 whereby the area was extended from 545 Kanals, 9 Marlas to 567 Kanals, 3 Marlas and Khasra No.308 was included. The land owners of an area measuring 341 Kanals, 11 Marlas entered into a negotiations with the M.D.A. and an Award bearing No.67/3 was announced on 7-7-1992 whereby the rate of compensation for the land was fixed Rs.90,000. However, the acquisition of land measuring 171 Kanals, 12 Marlas was processed under the Land Acquisition Act, 1894 and in the conclusion of the process Award No.70/3 was announced on 28-10-1993 whereby the rate of compensation for the front portion adjacent to Mardan Nowshera Dual Carriage Road was fixed…
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