Law:

Section:

Land Acquisition Act (I of 1894)--- ----S. 23---Acquisition of land---Compensation---Determination---Ousat Yak Sala (one year average)---Landowners being dissatisfied with the award, approached Referee Court and the court keeping in view the commercial and potential value of land, enhanced the compensation---High Court, in exercise of appellate jurisdiction further enhanced the compensation---Plea raised by landowners was that potential and commercial value of land was not determined in accordance with evidence on record---Validity---Entire documentary and oral evidence such as Jamabandi, Aks Shajra Kishtwar, site plan of. acquired land, Ousat Yak Sala (one year's average) and statement of witness had been examined---High Court rightly enhanced the price on the basis of one year's average for the relevant period---High Court in its judgment, kept in view the commercial and potential value of the acquired land, which being well-based did not warrant interference---Compensation enhanced by-High Court was in consonance with the law laid down by Supreme Court as well as with the provision as enumerated in S.23 of Land Acquisition Act, 1894. Province of Punjab v. Jamil Ahmad Malik 2000 SCMR 870 rel. JUDGMENT JAVED IQBAL, J. --- This appeal preferred on behalf of appellant under section 54 of the Land Acquisition Act, 1894 is directed against the judgment/decree, dated 30-5-2003 of the Peshawar High Court, Peshawar whereby the R.F.A. preferred on behalf of appellant has been accepted and the compensation of acquired land was enhanced to Rs.12,654 per Marla with 15% compulsory acquisition charges and 6% simple interest on the enhanced amount. 2. Precisely stated the facts of the case are that pursuant to Notification under section 4 of the Land Acquisition Act, 1894 on 7-2-1984, 5 Kanals, 18 Marlas of land was acquired for construction of a bypass road from Charsadda Bus Stand Mardan to Gujar Garhi Road from the appellant and compensation was fixed as Rs.3,389.69 per Marla by means of award dated 22-6-1989. A fresh award was also issued on 2-9-1992 and the price was reduced to Rs.3,042.51 per Marla as the alignment of the road was not found correct. The appellant…

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