National Highway Authority vs Bashiran Bibi R — 2024 MLD 1590 LAHORE-HIGH-COURT-LAHORE

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National Highway Authority VS Bashiran Bibi R. 10 (1)(iii)(c)---Land Acquisition Act (I of 1894), Ss.4, 18 & 54---Assessment of value of property being acquired ,modus of---An elaborate modus regarding assessment of value of property is provided in Rule 10 (1)(iii)(c) of Punjab Land Acquisition Rules, 1983, whereby average market price of alike land similarly located and its prevalent value during the period of twelve months preceding the date of publication of Notification under S.4 of the Land Acquisition Act, 1894, in the area sold, has to be followed. Citation Name: 2024 MLD 1590 LAHORE-HIGH-COURT-LAHORE National Highway Authority VS Bashiran Bibi Ss. 4, 18 & 54---Compensation, quantum of---Value of acquired land---Burden of proof---Acquiring Agency filed appeal against the judgment passed by Referee Court in favour of landowners-claimants---Burden to prove (the issue of) inadequate compensation having been awarded to the landowners (respondents /claimants) was upon them(respondents); they were to prove their case for the enhancement of compensation through concrete and unimpeachable evidence but they had not produced any valid document (visual site plan or shajra aks parcha or the like) in said regard to prove the exact location of the acquired property that it was situated on the main road and had commercial characteristic---No such document/evidence has been brought on the record to substantiate their pleaded stance---Respondents (claimants / landowner) showed disagreement with the price fixed in the award, thus onus was upon them to prove the exact price and it was their mandatory duty under S.18 of the Land Acquisition Act, 1894, to mention the details of their property regarding size, location, etc. of the land with supporting documents along with the reference and to prove the claimed amount through corroborative, cogent, convincing and trustworthy evidence, which was missing and the respondents failed to dissipate the burden---Respondents (land-owners / claimants) failed to prove their claim through any solid, trustworthy and concrete oral as well as documentary evidence---Appeal, filed by the Acquiring Agency, was allowed, in circumstances. Citation Name: 2024 MLD 1590 LAHORE-HIGH-COURT-LAHORE National Highway Authority VS Bashiran Bibi Ss. 31(2), 4, 18 & 54---Enhancement of compensation, claim for---Receiving compensation without protest---Effect---Acquiring Agency filed appeal against the judgment passed by Referee Court in favour of landowners-claimants---Held, that respondents (landowners / claimants) while receiving the compensation assessed in the Award did not raise any objection qua the quantum of compensation as such they were debarred to file reference for enhancement of compensation under the proviso to subsection (2) of S.31 of the Land Acquisition Act---Said provision is very much clear that only such person is entitled to file application for enhancement of compensation who has received compensation under protest whereas the respondents did not file any application to show their protest at the time of receipt of the compensation amount---Appellant had tendered /exhibited documentary evidence, showing that the receipt of the compensation amount by the respondents without any protest, thus, the Reference was liable to be dismissed on this score---Appeal, filed by the Acquiring Agency, was allowed, in circumstances. Citation Name: 2024 MLD 1590 LAHORE-HIGH-COURT-LAHORE National Highway Authority VS Bashiran Bibi Ss. 4, 18 & 54---acquisition of land---Compensation, quantum of---Documents relied upon by a party tendered through statement of counsel---Scope and effect---acquiring agency filed appeal against the judgment passed by Referee Court in favour of landowners-claimants---Held, that record revealed that the documentary evidence on the behalf of the respondents in the proceedingsbefore the Referee Court was produced on behalf of the respondents by their (respondents') counsel in his statement---It is mandatory requirement of law that documents relied upon should be produced in the evidence by party in its own statement so that the adverse party may have a fair opportunity to cross-examine the same, as such the documents produced by the respondent counsel lacked intrinsic value and such documents could validly be excluded from consideration---appeal, filed by the acquiring agency, was allowed, in circumstances. Citation Name: 2024 MLD 1590 LAHORE-HIGH-COURT-LAHORE National Highway Authority VS Bashiran Bibi Ss. 4, 18 & 54---Compensation, quantum of---Opinion of land expert---Scope---Acquiring Agency filed appeal against the judgment passed by Referee Court in favour of landowners-claimants---Evidence of land expert was produced by the claimant---Mere opinion of an expert without support of any documentary evidence can not itself be considered enough for enhancement of compensation---High Court set aside the impugned judgment and decree passed by the Referee Court, consequently the reference filed by the respondents/claimants stood dismissed---Appeal, filed by the Acquiring Agency, was allowed, in circumstances. Citation Name: 2024 MLD 1590 LAHORE-HIGH-COURT-LAHORE National Highway Authority VS Bashiran Bibi Ss. 4, 18, 23 & 54---Compensation, claim of---Proof---Acquiring Agency filed appeal against the judgment passed by Referee Court in favour of landowners-claimants---Held, that respondents (landowners / claimants) were under legal obligation to prove the exact price as well as the location of the acquired land through tangible evidence but they neither proved the price nor the exact location of the land through document of Aks Shajra Kishtwar, as such, they had failed to discharge the said burden, which flaw rendered the impugned enhancement of compensation as erroneous---Appeal, filed by the Acquiring Agency, was allowed, in circumstances. Citation Name: 2024 MLD 1590 LAHORE-HIGH-COURT-LAHORE National Highway Authority VS Bashiran Bibi Ss. 4, 18 & 54---Compensation, quantum of---Scope---Acquiring Agency filed appeal against the judgment passed by Referee Court in favour of landowners-claimants---Held that record revealed that initially the Price Assessment Committee fixed certain price of the acquired land, but subsequently on the request of the landowner/claimant, a new Committee was constituted who after considering all the other facts enhanced the compensation amount as per requirement of S.23 of the Land Acquisition Act, 1890---Respondents (land-owners / claimants) failed to prove their claim through any solid, trustworthy and concrete oral as well as documentary evidence---Thus, the findings of the Referee Court regarding compensation were reversed and the relevant issue was decided against the respondents and in favour of the appellant---Appeal, filed by the Acquiring Agency, was allowed, in circumstances. Citation Name: 2024 MLD 1590 LAHORE-HIGH-COURT-LAHORE National Highway Authority VS Bashiran Bibi Ss. 4, 18, 23 & 54---assessment of market value---Scope---Market value of a property is normally taken up as the one existing in the preceding year of date of issuance of notification under S.4(1) of the Land acquisition act, 1890, which date is relevant for assessment of price according to the statute and not date of pronouncement of award.

National Highway Authority vs Bashiran Bibi R — 2024 MLD 1590 LAHORE-HIGH-COURT-LAHORE

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