NATIONAL HIGHWAY AUTHORITY vs MUBASHAR HUSSAIN AWAN Ss — 2025 CLC 1090 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLC 1090 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLC
Parties: NATIONAL HIGHWAY AUTHORITY vs MUBASHAR HUSSAIN AWAN 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

NATIONAL HIGHWAY AUTHORITY VS MUBASHAR HUSSAIN AWAN Ss. 4 & 18---acquisition of land---Compensation---Determining factors---Report of field staff---Principle of preponderance of evidence---applicability---appellant (land acquiring authority) was aggrieved of enhancement of compensation regarding acquired land---Plea raised by appellant / authority was that Referee Court neither took into consideration market value of land nor report of field staff---Validity---Evidence brought on record by parties was to be seen in its entirety, stressing less qua obligation of onus to prove and applying principle of preponderance of evidence---appellant / authority succeeded to prove that amount of compensation determined by Referee Court was exorbitant---Referee Court did not properly appreciate material / evidence brought on record, including report of field staff, facts of the case, applicable law and dictum laid down by superior Courts while passing decision in question---None of the members of District Price assessment Committee was produced in evidence to explain criteria adopted by it while fixing price---award as well as decree passed by Referee Court did not reflect independent assessment by Land acquisition Collector and Referee Court keeping in view the complexions and character of acquired land---High Court reduced compensation awarded by Referee Court, keeping in view the report of field staff---appeal was allowed accordingly.

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