Case Details

Citation(s)
2006 SLG 2212 2006 SLD 2212 2006 CLC 1316
Peshawar High Court
Regular First Appeal No.45 of 2000, decision dated: 19-04-2006.
IJAZ-UL-HASSAN KHAN AND DOST MUHAMMAD KHAN, JJ

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JAN MUHAMMAD KHAN and others

VS

GOVERNMENT OF N.W.F.P. and others

Law:

Section:

Land Acquisition Act (I of 1894)-------Ss. 4, 11, 18, 23 & 54---Acquisition of land---Determination of compensation---Enhancement of compensation---Reference to the Court---Appeal---Land of owners were acquired for public purpose and Acquisition Collector assessed compensation of the acquired land which assessment was objected to by landowners filing objection petition under S.18 of Land Acquisition Act, 1894 and matter was referred to the Court---Court, after taking into consideration material available on record, dismissed objection petition by the impugned that Collector had already fixed higher rate for acquired land and that no reason existed to interfere in the award under reference---Validity---Party claiming enhanced compensation must produce evidence to show that award was inadequate---While determining amount of compensation potentiality and future prospects of land in addition to one year average was to be kept in view---Nothing had been brought on file to show that potentiality and future prospects in land in question, had not been taken into consideration while determining amount of compensation---Acquisition Collector had determined amount of compensation taking into consideration all necessary things including its potentiality and future prospects---Mere assertion of appellants that land in question was on the road side and could be used for commercial purposes, without a positive attempt on their part to substantiate same, was of no consequence---Report of Commission had been discarded for valid reasons and no exception could be taken to it---Compensation as awarded by Land Acquisition Collector by means of award being unexceptionable; would not call for interference---No illegality or infirmity could be pointed out by appellants justifying interference of High Court in its appellate jurisdiction. Collector Land Acquisition, Peshawar and others v. Rokhan and others PLD 1995 Pesh. 78 and Malik Nasim Ahmad Aheer and 4 others v. WAPDA and 3 others PLD 2004 SC 897 ref. Maazullah Barkandi for Appellants. Anwar Hussain for Respondents. Date of hearing: 19th April, 2006. JUDGMENT IJAZ-UL-HASSAN KHAN, J.---This appeal is directed against the…
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