Law:

Section:

Land Acquisition Act (I of 1894)-------Ss. 4, 9, 10, 11, 23 & 54---Acquisition of land---Market value/compensation, determination of---Both Land Acquisition Collector and Referee Court fixed amount of compensation of acquired land on the basis of one year average without taking into consideration the other factors which were relevant for determining amount of compensation--­Land in question was situated in thickly populated area, on the main road surrounded by market and other shops---Land not only had potential value for commercial purposes, but had also a lot of potential for residential purposes---Not only Collector Land Acquisition, but also the Referee Judge had ignored the Revenue Record as well as potential value of the acquired land---Both Land Acquisition Collector and Referee Court ad also failed to take into consideration the sales of adjacent land made shortly before and after notification with regard to acquisition of land in question--­Appellate Court accepting appeal enhanced compensation of acquired land holding owners to be entitled to 15% compulsory acquisition charges accordingly. Government of N.-W.F.P. through Collector, Mardan and others v. Abdul Samad Khan and others PIED 2002 SC 422; Nisar Ahmad Khan and others v. L.A.C., Swabi and others PLD 2002 SC 25; Province of Punjab through Collector, Attock v. Engr. Jamil Ahmad Malik and others 2000 SCMR 870 and Murad Khan through his widow and 13 others v. Land Acquisition Collector, Peshawar and others 1999 SCMR 1647 ref. Muhammad Alam Khan and Muhammad Aman Khan for Appellants. Miss Musarat Hilali, A.A.-G. for Respondents. Date of hearing: 12th May, 2003. JUDGMENT Land Acquisition Collector, Mardan on the request of Executive Engineer, Highway Division, Mardan acquired land measuring 7 Kanals, 44 Marlas situated in the Revenue Estate of Mardan for construction of duel carriage way between Nowshera and Mardan and bypass Road up to Kacha Garhi. Land Acquisition Collector announced Award No.49/1 on 22-6-1989 whereby he fixed Rs.3,389.69 per Marla. Thereafter another Award No.69/3 was published on 2-9-1992, whereby the Land Acquisition Collector only changed Khasra Numbers of the acquired land…

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