WAPDA through Chairman vs ALAM SHER S — 2023 SCMR 981 SUPREME-COURT

Case information

Citation: 2023 SCMR 981 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: WAPDA through Chairman vs ALAM SHER S
Subject matter: Rent
Provisions referred to: S. 23---L; Land Acquisition Act

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

WAPDA through Chairman VS ALAM SHER S. 23---Land acquisition---Compensation, quantum of---After taking into consideration the documentary evidence in the shape of mutations, two years average of market value of land, bifurcation of the acquired land in two different blocks and oral statements of the landlords and property dealers of the area, which were also reduced into writing, and disturbance of irrigation sources of the acquired land, the Local Commissioner came to the conclusion that the fair market value of the land was Rs.25000/- per kanal---Local Commissioner also appeared before the Trial Court and recorded his statement, and despite lengthy cross-examination no deficiency in his report could be brought on record---Oral statements of the other landowners and property dealers of the same vicinity had been corroborated with other evidence produced on record, such as, (i) certain mutations in respect of the same mouza, (ii) two years average of value of land for the relevant period, (iii) aks shajra kishtwar, and (iv) khasra girdawri, which revealed that there was cultivation in the suit property up to the year 2004---Compensation enhanced by the Referee Court, which was upheld by the High Court, was in consonance with section 23 of the Land Acquisition Act, 1894---Appeal was dismissed.

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