Law: Land Acquisition Act, 1894

Section: 23

Law: Land Acquisition Act, 1894

Section: 23

Land Acquisition Act (I of 1894)-------Ss. 4, 11, 18, 23 & 54---Acquisition of land---Determination of compensation---Reference to Referee. Court---Appellants/landowners, whose land was acquired, being not satisfied with award of compensation of Acquiring Land Collector, filed reference to Referee Court, which enhanced amount of compensation from Rs.4,939.87 per Kanal to Rs.12,000---Appellants/expropriated landowners being partly aggrieved had filed appeal---Acquired chunk of land was situated on the main road and was highly potential in value for which the Land Acquisition Collector ought to have appointed an independent Local Commissioner in order to determine the location of the acquired land---Referee Court also had not taken into consideration the fact that acquired land which was on the main road and being a building site and commercial in nature, was highly potential in nature---Impugned and decree of the Referee Court was set aside and case was remanded to the court for decision afresh after appointing a Local Commissioner to inspect the spot and submit a detailed report to the court in view of the criteria laid down in S.23 of Land Acquisition Act, 1894 and to decide the case afresh after giving chance to the parties to lead pro and contra evidence. Province of Punjab through the Secretary, Irrigation and Power Department, Lahore and 2 others v. Syed Muqarab Ali and 4 others 2008 SCMR 572; Sarhad Development Authority through Chairman Peshawar v. Land Acquisition Collector/Deputy Commissioner Abbottabad and 19 others 1998 SCMR 730; Tanveer Mehboob and another v. Haroon and others 2003 SCMR 480; Muhammad Iqbal Khan and others v. Government of N.-W.F.P. and others 1998 MLD 1075; Muhammad Saeed and 78 others v. Collector Land Acquisition Mansehra and '3 others PLD 1996 Pesh. 22 and Collector Land Acquisition Peshawar and others v. Rokhan and others PLD 1995 Peshawar 78 ref. Khuda Bakhsh Khan Baloch for Appellant. Mazhar Alam Khan Miankhel for Respondent. Date of hearing: 27th April, 2009. JUDGMENT MUHAMMAD ALAM KHAN, J.---Nawabzada Tahir Bin-e-Yameen and others have preferred the instant Regular First Appeal against the judgment and decree of the…

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