Law: Land Acquisition Act, 1894

Section: 54,18,4,23,18(2)(a),12(2)

Law: Land Acquisition Act, 1894

Section: 54,18,4,23,18(2)(a),12(2)

Law: Punjab Land Acquisition Rules, 1983

Section: 10(iii)(c)

(a) Land Acquisition Act (I of 1894)-------S. 23---Punjab Land Acquisition Rules, 1983, R.10---Acquisition of land determination of market value---Criteria---One year or five years average price of land in vicinity would not be only criterion for determining compensation---Market price would imply price which a buyer would be prepared to pay and seller ready to accept, if they voluntarily enter into transaction---Court would determine value of acquired land in a broader perspective on basis of price prevalent in open market at relevant time---Not only past sales would be taken into consideration, but value of land without its potentiality would be determined by examining evidence produced before Court--Where evidence showed acquired land to be cultivable and record showed existence of roads on its both sides and there was evidence to show that same was not a far fetched place totally devoid of civic character, then such-land would deserve to be identified as property over and above usual agricultural land---Principles. Murad Khan through his widow and 13 others v. Land Acquisition Collector, Peshawar and others 1999 SCMR 1647 and Malik Hadi Hussain and others v. Land Acquisition Collector PLD 2008 SC 386 rel. (b) Words and phrases--- ----"Market value"---Meaning. Hafiz Muhammad Abdul Qayyum for Appellant. Mumtaz Mustafa for Respondents. Date of hearing: 6th April, 2009. JUDGMENT ZUBDA-TUL-HUSSAIN, J.--- This regular first appeal under section 54 of the Land Acquisition Act, 1894 is directed against the judgment and decree dated 31-10-2000, passed by the learned Referee Court/Senior Civil Judge, Rahim Yar Khan whereby the reference under section 18 of the Land Acquisition Act was allowed and the rate of compensation was enhanced as against compensation determined in the Award of the Land Acquisition Collector, Rahim Yar Khan. 2. The WAPDA initiated proceedings for acquisition of the land for the construction of B.D.I. Drain in Chak No.227-P, Tehsil and District, Rahim Yar Khan, vide Notification under section 4 of the Land Acquisition Act, 1894, dated 9-12-1981. The acquisition was part of the Scarp Scheme No.VI meant for reclamation of the land and to save it…

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