Inayat-Ur-Rahman vs District Collector/Land Acquisition Collector NoWshera, Government of KPK Ss

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Inayat-Ur-Rahman VS District Collector/Land Acquisition Collector NoWshera, Government of KPK Ss. 18 & 23---acquisition of land---Compensation---Determination---Compulsory acquisition charges---Corporate entity---appellant / landowner was aggrieved of compensation awarded for his land which was acquired by respondent / authority---Validity---District Collector failed to determine compensation in the award fairly and justly---appellant / landowner successfully proved that he had developed a residential town on acquired land, and such fact was ignored by the Collector while determining the compensation---Both the parties failed to produce cogent and convincing evidence in support of their respective contentions---Referee Court appointed Commission which suggested compensation of Rs. 100,000/- per Marla---Referee Court relied on report of the Commission but it provided no reasons for reducing recommended amount to Rs. 30,000/- per Marla---Referee Court decreed compulsory acquisition charges at the rate of 15% without justification, despite the fact that evidence on record established that respondent authority had assumed the status of a company and in such cases applicable rate should be 25%---Compensation amount recommended by Local Commission was somewhat overestimated and exaggerated, as material facts were not properly considered by the Commission while determining the compensation---Referee Court reduced compensation amount drastically without providing sufficient justification---High Court keeping in view the evidence available on record, the Commission's report, and based on logical deductions and analogical reasoning determined Rs.50,000 per Marla as fair and just compensation and also enhanced compulsory acquisition charges to 25 %, as the respondent authority had acquired the status of a company---Interest at the rate of 6 % was treated as rental value---appeal was allowed accordingly. Citation Name: 2025 MLD 1848 PESHAWAR-HIGH-COURTBookmark this Case Inayat-Ur-Rahman VS District Collector/Land Acquisition Collector NoWshera, Government of KPK Preamble---Acquisition of land---Object, purpose and scope---Primary aim of Land Acquisition Act, 1894 is to safeguard public funds.

Inayat-Ur-Rahman vs District Collector/Land Acquisition Collector NoWshera, Government of KPK Ss — 2025 MLD 1848 PESHAWAR-HIGH-COURT

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