WAZIR BADSHAH vs GOVERNMENT OF KHYBER PAKHTUNKHWA Ss — 2024 PLD 12 PESHAWAR-HIGH-COURT

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WAZIR BADSHAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA Ss. 18, 23 & 24 (fifth clause)[as amended by Khyber Pakhtunkhwa Ordinance No. XVII of 2001]---Compensation, rate of---Re-assessment---Market value, determination of---Scope---Acquirer (National Highway Authority) and land owners both preferred appeal against the order of the Referee Court; the former for dismissal of reference while the later for further enhancement of rate of compensation---Held, that though nature of land acquired from the appellants (land-owners) , as mentioned in the Award, was agricultural but said nature was only for the purpose of maintaining the record of rights as well as cultivation and the same did not mean the said land was not usable for any other purposes---Land was not to be valued merely by reference to the use to which it was being put at the time of acquisition but also by the reference to the uses to which it was reasonably capable of being put in the future in said regard the Referee Court has to keep in mind a few factors in re-assessing the compensation, however, according to the S. 23 of the Land Acquisition Act, 1894 [as amended by Khyber Pakhtunkhwa Ordinance No. XVII of 2001], firstly the rate of compensation is to be determined on the basis of market-value of the land at the date of taking possession of the land---Factors for determination of rate of compensation included (a)size and shape of the land (b) the locality and its situation (c) the nature of property, the uses, its potential value, and (d) the rise or depression in the value of the land in the locality and even in its near vicinity---No doubt that in ascertaining the value of land , the possibility of it being used for building purposes would have to be taken into account, but it was equally true that the land must not be valued as though it had already been built upon ; that is the effect of the principle embodied in 5th clause of S. 24 of the Land Acquisition Act, 1894 , which is expressed by saying that it is possibilities of the land and not its realized possibilities that must be taken into consideration---Record (report, documents, evidence etc.) revealed that the land of the appellants (land-owners) was neither situated near main road nor was built-up, thus the rate of compensation for their acquired land was fixed by the Referee Court in view of compensation of similar lands of the vicinity---No erroneous principle had been invoked by the Referee Court and no important piece of evidence had been overlooked or mis-placed or any other ground for interference in question(s) of valuation by the High Court---Appeals preferred by both the acquirer and landowners were dismissed, in circumstances.

WAZIR BADSHAH vs GOVERNMENT OF KHYBER PAKHTUNKHWA Ss — 2024 PLD 12 PESHAWAR-HIGH-COURT

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