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LAND ACQUISITION COLLECTOR vs SHAH YOUM KHAN Ss — 2024 CLC 454 PESHAWAR-HIGH-COURT

Case information

Citation
2024 CLC 454 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
CLC
Parties
LAND ACQUISITION COLLECTOR vs SHAH YOUM KHAN Ss
Subject matter
Civil

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

LAND ACQUISITION COLLECTOR VS SHAH YOUM KHAN Ss. 18 & 23---Land acquisition---Dispute over quantum of compensation---Determination of compensation on one-year average sale basis---Scope---Reference filed by the objector/respondent was accepted and value of compensation amount of acquired land was enhanced with 15% compulsory acquisition charges and 6% interest from the date of taking over the possession of the land---Validity---In the present case, there was sufficient material on record which supported the contentions of the respondent that the acquired land was situated right at one side of the Highway and there were buildings like Floor Mill, Social Welfare Complex and Petrol Pump with Service Station and thus had much better future prospects and therefore, mere determination of compensation on one-year average was not a desirable yardstick for such determination---Referee Court, while enhancing the compensation through impugned judgment had relied upon valuation table issued by the Deputy Commissioner, which was also a factor to be legally considered for assessment and determination of fair compensation, keeping in view the locations of the land that it was situated right on the edge of highway, with many other commercial buildings in the vicinity---Nature of the acquired land was commercial and therefore as per valuation table, the price fixed by the Deputy Commissioner for commercial land was Rs.345,000/- per Marla and therefore, the enhancement of compensation by the Referee Court was within the mandate of law---Appeal was dismissed accordingly.

Other judgments reported in 2024 CLC

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