GOVERNMENT OF KHYBER PAKHTUNKHWA vs RESIDENT OF VILLAGE MATKANI S — 2022 CLC 1118 PESHAWAR-HIGH-COURT

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GOVERNMENT OF KHYBER PAKHTUNKHWA VS RESIDENT OF VILLAGE MATKANI S.18---Reference to Court---Non-availability of revenue record---Report of Local Commission---Scope---Acquiring Agency assailed enhancement of compensation by the Referee Court---Settlement of land was not carried on in the area acquired through the award, therefore, revenue record was not available---Job of the Acquiring Agency was further complicated by the fact that they could not find even a single registered deed regarding sale of any property in the revenue estates---Acquiring agency had based its determination of rates on the Rate Reasonability Certificate---Sale deeds produced in different cases were not relied upon by the Referee Court as the sale deeds were executed much after the date of award---Referee Court had appointed a local commission for local investigations, who had accordingly submitted his reports---Approach of the Referee Court was justified as there was no other reliable evidence before him---Local Commission, summoned by the Court, was examined and cross-examined but nothing was extracted from him, which could have vitiated the authenticity of his reports or propriety of the proceedings conducted during the course of local investigations---Determination of rate of compensation made by the Acquiring Agency was not based on proper appraisal of market rate---Naib Tehsildar had himself not based his report on any data or any evidence to that effect but had rather conducted a subjective assessment---High Court had earlier dismissed appeals of the Acquiring Agency arising out of one and same award whereby enhancement of rates by the Referee Judge made in similar manner were under challenge as such, present appeals deserved similar treatment---Appeals were dismissed. Head Notes

GOVERNMENT OF KHYBER PAKHTUNKHWA vs RESIDENT OF VILLAGE MATKANI S — 2022 CLC 1118 PESHAWAR-HIGH-COURT

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