Law:

Section:

Land Acquisition Act, 1894 (I of 1894)-- ----Ss. 18 & 23--Acquisition of land--Enhancement of compensation--Objection petition was accepted--Assailed--Determination of--Market value is only one of such matters, to be considered by Collector or Courts--Compensation is a very wide term indicating that land owner, for various reasons, is to be compensated and not merely paid price of land, which is just an interaction of supply and demand fixed between a willing buyer and willing seller--Place and situation of acquired land would be arch consideration to be given thoughtful attention for assessment of compensation of land--Appeal was dismissed. Judgment By judgment dated 21.2.2005, learned Senior Civil Judge/Judge Land Acquisition, Mardan, has enhanced the quantum of compensation on Reference under Section 18 of the Land Acquisition Act, 1894, (hereinafter referred to as the Act), which judgment has been assailed by the Collector, Land Acquisition, Mardan and others, through instant appeal under Section 54 of the Act. 2. Vide Award No. 3/4 dated 21.3.2002, a piece of land, including the land of Muhammad Ayub Khan and others, Respondents 1 to 8, bearing Khasra Nos. 2687, 2690 and 2808, measuring 3 kanals 14 marlas, was acquired by the appellants at different rates, for the remodeling and widening of `khunder' drain, Mardan. The land owners objection to the compensation amount fixed for their acquired land and filed an objection petition under Section 18 of the Act, for the enhancement of the compensation. The objection petition, having been contested, was accepted by the Land Acquisition Judge, Mardan, by enhancing rate of their acquired land and it was also ordered that the appellants will also pay rate as determined in the judgment for the landed property, represented by Khasra No. 2486, owned by the answering respondents. 3. The validity and correctness of the impugned judgment is assailed by Mr. Lal Jan Khan Khattak, Advocate, mainly on the ground that while revising and enhancing the compensation, learned Referee Court has not kept in view the criteria and principle governing the determination of compensation to be paid for the acquired land. The…

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