Case Details

Citation(s)
2007 SLG 2693 2007 SLD 2693 2007 CLC 1835
Sindh High Court
Appeal No.22 of 2005, decision dated: 31st August, 2007.
FAISAL ARAB, J

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Messrs UNION TAXES PAKISTAN INC.

VS

AHMED and others

Law:

Section:

(a) Land Acquisition Act (I of 1894)-------S. 11---Acquisition of land---Compensation---Determination---"Transactional method" and "yearly income method"---Distinction---Several modes of determining compensation of land existed which include transactional value of similar lands in the same vicinity as well as ascertaining yearly rental value of land and then multiplying the yearly income with 20 times to determine its price---Method of transactional value is the most unreliable mode of determining compensation as it is not unusual that purchaser, in order to avoid stamp duty on actual transactional value or to conceal actual sale consideration, resort to valuing the lands at the minimum possible price---Other mode of determining value of land is by adopting formula of multiplying yearly rental of land 20 times to reach its value---Such mode is the most accurate mode of valuing land particularly when lands which are sought to be acquired or any other similar land in the vicinity is already fetching yearly rental income. (b) Land Acquisition Act (I of 1894)--- ----S. 11---Acquisition of land---Compensation---Determination---Potential value of land---Scope---Potential value of land sought to be acquired is one of the factors to be considered while determining compensation of land. Gunj Khatoon v. The Province of Sindh 1987 SCMR 2084; Aman v. Land Acquisition Controller PLD 1988 SC 32 and Muhammad Saeed v. Collector, Land Acquisition 2002 SCMR 407 rel. (c) Land Acquisition Act (I of 1894)--- ----S. 18---Acquisition. of land---Receiving of compensation imposes bar to seek enhancement---Validity---Receiving compensation determined by Land Acquisition Officer and seeking enhancement of compensation under S.18, Land Acquisition Act, 1894, are two different things---Receipt of amount does not divest a party to seek enhancement in legal proceedings. (d) Land Acquisition Act (I of 1894)--- ----Ss. 18 & 54---Appeal---Locus standi---Reference filed under S.18, Land Acquisition Act, 1894, by landowner---Referee Court enhanced compensation---Company for whose benefit land was being acquired was aggrieved of the enhancement and had assailed the passed by Referee…
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