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PROVINCIAL GOVERNMENT through Chief Secretary vs Haji SAFAR KHAN Ss — 2022 YLR 794 Gilgit-Baltistan Chief Court

Case information

Citation
2022 YLR 794 Gilgit-Baltistan Chief Court
Year
2022
Reporter
YLR
Parties
PROVINCIAL GOVERNMENT through Chief Secretary vs Haji SAFAR KHAN Ss
Subject matter
Civil
Provisions referred to
S. 4

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

PROVINCIAL GOVERNMENT through Chief Secretary VS Haji SAFAR KHAN Ss. 12 & 25---acquisition of land---Compensation rate, determination at time of award instead of the time of notice---acquisition proceeding was started---Compensation amount was fixed at Rs.16,00,000/- per kanal---Compensation rate was enhanced to Rs.55,00,000/- in 2015---Respondents/applicants received compensation under protest contending that they were entitled to receive the compensation to the tune of enhanced value along with 8% compound interest---Trial Court decreed reference of respondents / applicant--- Validity---admittedly, after issuing notice under S.4 of Land acquisition act, 1894 in 2010, appellants had not taken any steps regarding preparation of the award till 2016---In the meantime appellants had enhanced the said compensation rates---appellants were legally bound to prepare the award according to the market/ potential value of the acquired land during the preparation of award---admittedly, award was prepared in 2016----Compensation rates were revised in 2015---Respondents were entitled to get compensation according to revised rate---appeal was dismissed accordingly.

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