Law: Land Acquisition Act, 1894

Section: 23

Keywords: Manager, Decretal Amount, Period, Money, Production, Guarantee, Costs, Dispute, Acquisition, Market Committee, Place Of Business, Validity, Property, Federation, Province, Grievance, Disposed Of, Consideration, Government, Conditions, Place, Compensation, Sale Of Property, Land, Imposition, Instances, Notification, Determination, Provisions, Payment, Entitled To Compensation, Dispose Of Property, Change, Chairman, Profits, Legal Position, Fundamental Rights, Adequate, Protection, Communication, Public Purpose, Lands, Evidence, Enhancement, Testimony, Order, Constitution, Publication, Administrator, Preamble, Fixation, Exception, Acquisition Of Land, Possession, Plea, High Court, Constitution Of Pakistan Result: Order accordingly THIS JUDGMENT DELIVERED BY: SYED ZAHID HUSSAIN, J. -The suit-land was acquired for the construction of Lahore Bypass Project. Compensation whereof was assessed by the Land Acquisition Collector at Rs.5,000 per Marla, vide award dated 12-8-1997. Dissatisfied with the same the landowners made reference under section 18 of the Land Acquisition Act, 1894 for enhancement of compensation which came to be decided by the learned Senior Civil Judge, Lahore on 8-5-2001 enhancing the compensation to Rs.15,000 per Marla. Both sides i.e. The acquiring agency and the landowners have agitated the matter by filing appeals before this Court. Regular First Appeal No.591 of 2001 and Regular First Appeal No.592 of 2001 are by the acquiring agency whereas Regular First Appeals Nos.738 of 2001 and 739 of 2001 are by the landowners. The acquiring agency has assailed the quantum of compensation fixed by the learned Acquisition Judge, whereas the landowners seek enhancement in the rate of compensation. In view of the identity of the subject-matter and the issue involved as to what should be the fair compensation of the land acquired these appeals shall stand disposed of through this common judgment. 2. Since the essential and crucial issue is about the justness of the quantum of compensation fixed by the Land Acquisition Collector in the award and the learned Acquisition Judge enhancing the same vide his above mentioned judgment, the factors relevant…

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