| Citation(s) |
|---|
| 2004 SLG 2624 2004 SLD 2624 2004 PLD 77 |
Peshawar High Court
Regular First Appeal No. 30 of 1997, decided on 25th June, 2003. DATE of hearing: 21st May, 2003
MIAN SHAKIRULLAH, JAN, C.J. AND SHAHZAD AKBAR KHAN, J
Muzamil Khan for Appellants. Malik Ahmad Jan, D.A.G. for
Respondent No. 1. M. Alam and Ghulam Ali for
Respondent No. 2
Regular First Appeal No. 30 of 1997, decided on 25th June, 2003. DATE of hearing: 21st May, 2003
MIAN SHAKIRULLAH, JAN, C.J. AND SHAHZAD AKBAR KHAN, J
Muzamil Khan for Appellants. Malik Ahmad Jan, D.A.G. for
Respondent No. 1. M. Alam and Ghulam Ali for
Respondent No. 2
MAHMOOD KHAN and others
VS
COLLECTOR ACQUISITIONA.C., SWABI and others
Law: Land Acquisition Act, 1894
Section: 4,11,18,23,54
Land Acquisition Act (I of 1894)--- ----Ss.4, 11, 18, 23 & 54---Acquisition of land--Compensation, determination of---Appeal---Landowner whose land was acquired could not establish that market value of the acquired land was higher than what was determined by Collector and affirmed by referee Court---Landowner could neither produce any document nor did he product person concerned whose property was acquired allegedly on higher market rate---Acquired land which was `Maira' type was located far off the road and had not any potential value---Landowner did not snake request for appointment of Local Commissioner at any stage of the proceedings nor made request for summoning of record of Provincial Government---Village was at some distance from acquired land---No justification was found to enhance the price of acquired land. JUDGMENT SHAHZAD AKBAR KHAN, J.---Mahmood Khan and 11 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 Judge/Land Acquisition Judge, Swabi, whereby the reference filed by the appellant under sections 18/30 of the Land Acquisition Act was dismissed. 2. The short facts of the case are that land measuring 2123 Kanals, 13 Marlas was acquired for the purpose of construction of Shah Mansoor Township. Notification under section 4 of the Land Acquisition Act, 1894 was issued by the then Deputy Commissioner, Swabi vide his office Endst. No.358-62/DK/HVC, dated 10-6-1989. Declaration under section 6 of the said Act was issued by the then Commissioner, Mardan Division Mardan vide his office Endst. No.5161-63/HVC, dated 7-101990. The relevant award has been assigned its number as 72831/ACS, dated 16-3-1991. The area acquired by the Land Acquisition Collector, Swabi was of two kinds i.e. `Chahi' and `Maira' land. The price of the `Chahi' land was determined by the Collector as Rs.37,352 per Kanal while that of `Maira' land was determined as Rs.13,553 per Kanal based on one yearly average. 3. 15% compulsory acquisition charges were also given to the landowners. The land measuring 50 Kanals, 13 Marlas belonging to the…
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