Law: Land Acquisition Act, 1894

Section: 4

Law: Land Acquisition Act, 1894

Section: 4

Land Acquisition Act (I of 1894)------Ss. 18 & 23---Civil Procedure Code (V of 1908), O.XXVI, R.9---Acquisition of land---Compensation, determination of---Appointment of Commission to determine market value of acquired land---Land on main road side had lot of potential in terms of commercial as well as residential value---Two one year averages of sale of identical land lying on record and amount of compensation given in award were different from each other-Ascertainment of real market value of acquired land had become necessary in such case---Appointment of Local Commission was necessary to collect right opinion with regard to market value of acquired land after recording statements of independent persons including property dealers---After ascertainment of real market value, compensation of acquired land should have been fixed more than market price---High Court, remanded case to Referee Court with direction to ascertain market value of acquired land by using prescribed modes and then fix proper compensation. Khalid Rehman Qureshi for Appellant. Sardar Ghulam Mustafa for Respondent No.1. Syed Amjad Ali Shah for Respondent No.2. Date of hearing: 9th March, 2007. JUDGMENT TALAAT QAYUM QURESHI, J.--- The land measuring 366 Kanals situated at Mauza Julian, Tarnawa and Khan Pur, Tehsil and District Haripur was acquired for defence purposes on the request of the Military Estate Officer, Abbottabad. Notification under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was issued on 8-3-1995 and corrigendum was issued on 29-8-1995, the kind of land was Banjar, Kassi and Dhama Chiragah. The Land Acquisition Collector fixed Rs.13,113 per Kanal as compensation of the acquired land. The landowners were also entitled to get 15% compulsory acquisition charges and 4% mutation fee. The said compensation had been fixed on the basis of Award No.34 dated 1-2-1996 for Mauza Mamrial. 2. Being not satisfied with the amount of compensation, the appellants/landowners who were the owners of land measuring 97 Kanals, 10 Marlas in Mauza Jellian filed objection petition. It is worth mentioning that the acquiring department also filed objection petition.…

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