Law:

Section:

Land Acquisition Act (I of 1894)------Ss. 4, 18, 23 & 54---Acquisition of land---Compensation, determination of---While determining the amount of compensation court was to consider evidence brought on record by the parties and Land Acquisition Collector while determining compensation of acquired land had also to consider potential and future prospective of land in addition to one year average---While determining the value of land acquired by the Government and the price which willing purchaser would give to the willing seller, only the past sale should not be taken into account, but the value of the land with all its potentiality should also be determined along with other facts---Classification or nature of land could be taken as relevant consideration, but not as an absolute one---Area could be `Banjar' or `Barani', but its market value could be tremendously high, because of its location, neighborhood, potentiality or other benefits---Assessment of compensation payable for land acquired must take into account several factors, including the nature of land, its present use and its capacity for a higher potential, its precise location in relation to adjoining land, the use to which neighbouring land had been put and impact of such use on the land acquired---Referee court in the present case had adverted to every aspect of the case, rightly decided issue agitated before it and rendered a reasoned which could not be successfully challenged---Nothing could be pointed out effectively and convincingly which could persuade High Court to disagree with the findings of Acquisition Judge based on a due appreciation of law and facts---In absence of any valid justification to take a different view of the matter than what had been taken by Referee Court, appeal having been found bereft of substance, stood dismissed. Muhammad Sharif v. Land Acquisition Collector and others 2004 CLC 1048 ref. Fida Gul for Appellants. Muhammad Adam Khan for Respondent. Date of hearing: 2nd February. 2007. JUDGMENT IJAZ-UL-HASSAN KHAN, J.--- Judgment dated 18-6-2003 passed by learned Senior Civil Judge/Judge, Land Acquisition, Mardan, whereby he revised and enhanced the quantum of…

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