COLLECTOR LAND ACQUISITION, HARIPUR vs Col — 2021 CLC 255 PESHAWAR-HIGH-COURT

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COLLECTOR LAND ACQUISITION, HARIPUR VS Col. Sardar AHMAD YAR JANG DURRANI Ss. 18 & 23---Reference to court---Enhancement of compensation---Market value---Determination of---Procedure---Local commission, appointment of---Local commission had submitted report that acquired land had high potentiality and was suitable for business of food---Market value of suit property at the time of its acquisition had been determined by the local commission as Rs. 85,000/- per kanal---Average price of adjacent lands had upward trend in the price---Acquired property was a valuable chunk of land---High Court observed that word 'compensation' and not the word 'market value' has been used in the Land Acquisition Act, 1894 for payment of price of land to the affected landowners---Compensation of acquired land should not be less than the market value---Suit property had been acquired against the will of landowner and its compensation should not be less than market value prevailing at the time of acquisition---Compensation should always be that amount on which a seller was ready to sell his land and same should not be much or less than market value---Referee Judge had enhanced compensation as Rs. 20,000/- per kanal in view of one year average price by keeping aside the report of local commission---Trial Court had erred in holding that local commission had assessed the market value of property between Rs. 2 million to Rs. 5.5 million per kanal which was the rate of land twenty five years after acquisition---Referee Judge had failed to comprehend the report of local commission wherein besides present rates of land prevailing at the time of acquisition had also been mentioned---Parties had failed to shatter the opinion of local commission which was according to on-spot position of land in question---Market price of acquired land as Rs. 85,000/- per kanal as suggested by the local commission was justified and without any exception---Claim of landlord for fixing the rate of compensation as Rs. 500,000/- per kanal was without any backing---Compensation of acquired land was enhanced to Rs. 85,000/- per kanal and impugned judgment was modified to that extent---Appeal was disposed of accordingly.

COLLECTOR LAND ACQUISITION, HARIPUR vs Col — 2021 CLC 255 PESHAWAR-HIGH-COURT

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