NATIONAL COMMAND AUTHORITY through D.G. SPD, Rawalpindi vs ZAHOOR AZAM O

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NATIONAL COMMAND AUTHORITY through D.G. SPD, Rawalpindi VS ZAHOOR AZAM O. VIII, R. 5---Written statement---Evasive denial---Scope---Evasive denial in written statement is nothing but an admission of fact on the part of defendant. Citation Name: 2024 CLC 1 LAHORE-HIGH-COURT-LAHORE NATIONAL COMMAND AUTHORITY through D.G. SPD, Rawalpindi VS ZAHOOR AZAM Ss. 23 & 28---Constitution of Pakistan, Art.25---Valuation of land---Potential value and market value---Principle---Price Assessment Committee---Value determination---Potential value of land a dominant factor---Appellant/Authority was aggrieved of enhancement of compensation by Referee Court---Validity---Market value is only one of such factors to be considered for the purpose of award of compensation to the land owners---Location, neighborhood, potentiality or other benefits, which may ensue from the land in future cannot be ignored---Most dominant and guiding factor will be that the compensation should be determined at the price, which a willing buyer will pay to a seller as per his satisfaction---Compensation cannot be awarded to the "land owners" as a bounty of State---Fair compensation for acquired land was that which a willing vendor would accept on account of sale of his property---It was bounden duty of Land Acquisition Collector to take into consideration all relevant factors, while determining amount of compensation instead of relying upon compensation assessed by Price Assessment Committee or the Board of Revenue---Land owners were entitled for compensation at the rate of Rs.20,00,000/- (twenty lacs) per Kanal but Referee Court held them entitled to compensation at the rate of Rs.60,00,000/- per Kanal without properly evaluating the evidence---Land in question was situated in the proximity of other acquired land and could not be bifurcated---Law did not allow any discrimination amongst the equal---There were though no distinctive features in the case of respondent / land owners but another land owner was treated in a discriminatory manner, which had offended mandate of Art.25 of the Constitution---Appeal was disposed of accordingly. Citation Name: 2024 CLC 1 LAHORE-HIGH-COURT-LAHORE NATIONAL COMMAND AUTHORITY through D.G. SPD, Rawalpindi VS ZAHOOR AZAM Time barred appeal---Pendency of appeals---Principle---If more than one appeals arise out of a common judgment and if one or more of those appeals are even barred by time, same cannot be dismissed on account of limitation.

NATIONAL COMMAND AUTHORITY through D.G. SPD, Rawalpindi vs ZAHOOR AZAM O — 2024 CLC 1 LAHORE-HIGH-COURT-LAHORE

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