MUHAMMAD KARIM-UD-DIN QURESHI vs DEPUTY COMMISSIONER DISTRICT EAST, KARACHI Ss

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MUHAMMAD KARIM-UD-DIN QURESHI VS DEPUTY COMMISSIONER DISTRICT EAST, KARACHI Ss. 9, 11 & 18--- Reference---Compensation---Fair value---Determina-tion---Applicant was owner of house acquired by respondents/acquiring body for public use---Grievance of petitioner was that compensation awarded by respondents/acquiring body was not fairly determined---Validity---Witness of respondents/acquiring body admitted that bungalow was to fetch more price as compared to a small house or a hut---House in question was in the vicinity of commercial area facing thoroughfare and was in the midst of commercial activities as admitted by the witness of the acquiring---Respondents/acquiring body failed to assess true value of the house nor took into consideration the factors for assessing the value---Commercialization of area of land in question was already permitted by City District Government Karachi---Fair market value of the land was not determined by respondents/acquiring body as per guidelines established for such calculations---Value asserted by applicant/property owner was fully supported by valuation certificates and the same remained un-challenged by respondents/acquiring body---High Court declared that reasons were a decree and statement of grounds of every such award a judgment within the meaning of S. 2(2) and (9), C.P.C.---High Court enhanced compensation of property as per value proved by applicant/property owner but mark-up was reduced at the rate of 5% instead of 15%---Reference was allowed accordingly. Citation Name: 2023 YLR 740 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD KARIM-UD-DIN QURESHI VS DEPUTY COMMISSIONER DISTRICT EAST, KARACHI Ss. 11, 26 & 27---award---Connotation---award passed by Collector under S.11 of Land acquisition act, 1894 and judgment passed by Court on a reference by Collector on that award are both to be understood as "award".

MUHAMMAD KARIM-UD-DIN QURESHI vs DEPUTY COMMISSIONER DISTRICT EAST, KARACHI Ss — 2023 YLR 740 KARACHI-HIGH-COURT-SINDH

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