Law:

Section:

(a) Land Acquisition Act (I of 1894)-------Ss. 4 & 23---Acquisition of land---Determination of compensation---Matters to be considered---While determining amount of compensation of acquired land instances of sale of adjacent lands, made shortly before and after notification, were to be taken into consideration; an area could be Banjar Qadeem or Barrani, but its market value could be tremendously high because of its location, neighbourhood, potentiality or other benefits; consideration should be had to all the advantages, present or future, which land possessed in hands of owners; in determining the quantum of fair compensation, the main criterion was the price which a buyer would pay to a seller for the property, if they voluntarily entered into the transaction and only the "past sales" should not be taken into account, but value of land with all its potentialities should also be determined by examining local property dealers or other persons who were likely to know the price that the property in question was likely to fetch in open market---Adoption of such criteria could furnish a just basis for fair determination of compensation---Formula of past sales in the area and average price could not be made as the sole basis. Province of Punjab through Collector, Attock v. Engineer Jamil Ahmad Malik and others 2000 SCMR 870 ref. (b) Land Acquisition Act (I of 1894)--- ---Ss. 4, 11, 18, 23 & 54---Acquisition of land---Determination of compensation---Reference to Referee Court---Acquired land was of much higher value as it had characteristics of urbanization due to its location and commercial utility---Value of land in vicinity was Rs.10,000 to Rs.15,000 per Marla---Landowners, in circumstances could not be deprived of fair compensation of their land which was being acquired from them compulsorily---All said aspects were not kept in view by Referee Court---Neither compensation as claimed by landowners (Rs.50,000 per Marla) was reasonable nor value (Rs.4,000 per Marla) as given in the award---Even determination made by Referee Court (Rs.8,796 per Marla) was not just and fair---Assessment made by Collector (Rs.10,000 per Marla) should have been allowed to the…

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