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Citation Name: 2024 PLD 87 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case DEPUTY COMMISSIONER/COLLECTOR, QUETTA vs HABIB-UR-REHMAN Ss — 2024 PLD 87 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2024 PLD 87 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2024
Reporter
PLD
Parties
Citation Name: 2024 PLD 87 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case DEPUTY COMMISSIONER/COLLECTOR, QUETTA vs HABIB-UR-REHMAN Ss
Subject matter
Civil
Provisions referred to
S. 23

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

Citation Name: 2024 PLD 87 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case DEPUTY COMMISSIONER/COLLECTOR, QUETTA VS HABIB-UR-REHMAN Ss. 18 & 23---acquisition of land---Compensation---Evaluation---Factors for consideration---authorities were aggrieved of increase in compensation by Referee Court on reference filed by landowners---Validity---Mechanism provided under S. 23 of Land acquisition act, 1894, which is to be considered for determining amount of compensation to be awarded to landowners for compulsorily acquiring their property, includes market value of land at the date of publication of notification under section 4 of Land acquisition act, 1894; damages sustained by the person interested by reason of his construction; and deprivation of running business by forced displacement---Next best method is to take into consideration instance of sale of adjacent land in neighboring locality; its potentialities and its likelihood of developing and improvement; and past sale would also be a necessary factor for determining rate of compensation---Property in question was situated in urban area within the limit of Municipal Corporation---Deputy Commissioner/Collector Quetta, earlier in year 2011, while giving award of adjacent property/land also acquired land for public purpose namely "construction of flyover at Sariab Phattak Quetta", wherein compensation of Rs.5000/-, Rs.4200/- and Rs.3500/- per square feet was fixed and after seven years of the above award, price of the land in question escalated as the land was situated in mid of the city of Quetta and most properties were commercial in nature---High Court declined to interfere in judgment and decree passed by Referee Court, as documentary evidence was not refuted by authorities and judgment/decree was in accordance with settled principle of law and based on correct appreciation of evidence on record---appeal was dismissed, in circumstances.

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