Law: Land Acquisition Act, 1894

Section: 23

Land Acquisition Act (I of 1894)---S. 23---Acquisition of land---Compensation---Determining factors---Average of sales of last one year (Ost Yak Sala)---Scope---Award announced by Referee Judge was increased by High Court on report of Local Commission who was appointed to ascertain market value of land in question---Validity---Local Commission was appointed by authorities before announcement of award for determination of market value of suit-land on the ground that price of land in question agreed through private negotiations was much higher than that of one year average price---Local Commission stated in his report that in last one year there was sharp increase in the prices of lands---Agreed price of land was justified as it was situated in the best and the most suitable locality---At the time of passing of award, potential value of the property had to be considered in addition to market value of land---Average sales of last one year was not conclusive for determination of market value of land and while assessing the market value of the land, its location and potentiality had also to be considered... Supreme Court declined to interfere with the passed by High Court whereby compensation awarded to landowners was increased---Appeal was dismissed. Province of Sindh v. Ramzan and others PLD 2004 SC 512; Province of Punjab v. Jamil Ahmad Malik 2000 SCMR 870; Pakistan Burma Shell Ltd. v. Province of N.-W.F.P. and 3 others 1993 SCMR 1700 and Province of Punjab through Collector, Bahawalpur and others v. Col. Abdul Majeed and others 1997 SCMR 1692 rel. JUDGMENT ABDUL HAMEED DOGAR, C.J.--- This direct appeal has been filed against the judgment dated 12-1-2007 passed by learned Single Judge in Chambers of Peshawar High Court, Abbottabad Bench whereby R.F.A No.50 of 2003 filed by respondent was allowed and order of the learned Referee Judge was partially set aside and the amount of market value was enhanced to Rs.1,00,000 per Kanal with 15% compulsory acquisition charges along with 6% annual interest from the date of taking over the possession till payment. 2. Brief facts of the case are that the respondent was the owner 2316, land measuring 3 Kanals, 15 Marlas bearing…

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