MUHAMMAD HUSSAIN vs PROVINCE OF PUNJAB through District Officer Ss — 2022 YLR 1634 LAHORE-HIGH-COURT-LAHORE |

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MUHAMMAD HUSSAIN VS PROVINCE OF PUNJAB through District Officer Ss. 4, 23, 17 & Preamble---Compensation, determination of---Commercial value of acquired land---Proof---Price of acquired land, for construction of housing society, was assessed as agricultural one---Contention of the appellants was that their acquired land was commercial in nature---Validity---Though attorney of the appellants deposed in his evidence that that the property-in-question was commercial in nature, however, he admitted in cross-examination that he did not take such stance before the Land Acquisition Collector or the Board of Revenue---On the contrary, witness of the respondents (acquiring agency) produced material documents (sale-mutations of relevant period, correspondence/process qua acquisition/ approval adopted by the respondents etc.) showing the market value of the land-in-question---Appellants were under legal obligation to prove the claim of their land being commercial through leading trustworthy, corroborative and unimpeachable evidence but neither they mentioned in their statement any contemporary sale transaction of land nor produced in their documentary evidence any sale deeds/mutations immediately adjacent to the acquired land---Appellants had also not produced any valid document (Parcha Aks Shajra, etc.) to prove their stance that acquired land was commercial---No material/ concrete oral as well as documentary evidence was made available on record by the appellants to substantiate their asserted stance---Trial Court had rightly dismissed the reference---No illegality, material irregularity or misreading of evidence was found in impugned judgment and decree passed by the Referee Court---Appeal was dismissed, in circumstances.

MUHAMMAD HUSSAIN vs PROVINCE OF PUNJAB through District Officer Ss — 2022 YLR 1634 LAHORE-HIGH-COURT-LAHORE

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