Law:

Section:

Land Acquisition Act (I of 1894)-------Ss. 4, 6, 18, 23 & 54---Acquisition of land-- -Compensation--­Determination of---Reference to Referee Court---Owners of acquired land being dissatisfied with the compensation amount as determined by the Land Acquisition Collector filed reference before Civil Court which was dismissed by Civil/Referee Court and owners of acquired land had filed appeal against of Referee Court---Landowners had claimed that price of acquired land as determined by Land Acquisition Collector and upheld by the Land Acquisition Judge/Referee Court was much less---Landowners contended that acquired land which was located near village could be used for purpose of construction and that potential value of said land was not taken into consideration by the Land Acquisition Judge/Referee Court---Landowners had further argued that lands in the vicinity were sold for higher price than that given to the landowners---Validity---Evidence on record had proved that land in question was `Maira' kind and was located far-off from the village which did not have any source of water and even electric supply was not available near the said land---Price of land was fixed on the basis of one yearly average which was one of the modes recognized by law for determining compensation under Land Acquisition Act, 1894--­Landowners who had claimed that lands in the vicinity had been sold on higher price, had failed to produce any evidence in that respect--­Landowners, in circumstances, had failed to prove that their land was acquired at lower rate than prevalent rate---Appeal filed by landowners against order of Land Acquisition Collector, affirmed by Referee Court, in respect of determination of price of acquired land, was dismissed, in circumstances. PLD 1976 Pesh. 50 ref. Muzamil Khan for Appellant. Malik Ahmad Jan, D.A.-G. for Respondent No. 1. M. Alam Khan and Ghulam Ali for Respondent No.2. Date of hearing: 21st May, 2003. JUDGMENT SHAHZAD AKBAR KHAN, J.-- Fateh Muhammad and six others residents of Village Shah Mansoor Tehsil and District Swabi have filed this appeal questioning the correctness of the judgment, dated 10-12-1996 passed by the learned Senior Civil…

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