National Highway Authority vs Syed Altaf Hussain Shah R — 2025 YLR 129 LAHORE-HIGH-COURT-LAHORE

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

National Highway Authority VS Syed Altaf Hussain Shah R. 10(1)(iii)(c) ---Land Acquisition Act (I of 1894), Ss. 4, 18 & 23---Compensation , enhancement of---Scope---Trustworthy documentary evidence, deficiency of---Effect---Acquiring Agency filed appeal against judgment passed by the Referee Court whereby compensation to land-owners/ respondents was enhanced --- Validity ---Admittedly, the subject matter Notification under S.4 of the Act, 1894 was issued on 19.09.1993---In cases of land acquisition , it is the landowner who has to disprove the determination by the Land Acquisition Collector by producing convincing and legally admissible evidence---As per R.10(1)(iii)(c) of the Punjab Land Acquisition Rules, 1983, the relevant period for determination of market value would be the one prevalent during one year preceding the Notification under S.4 of the Act, 1894---In the present case, adducing Valuation Table to demonstrate that D.C. rate of the property was much higher was otherwise inconsequential as the said Valuation Table was of year 1995 i.e. one year prior to announcement of Award, which was irrelevant under the provisions of law to evaluate or assess the amount of compensation ---With the quality and quantity of evidence presented in the present case, the Referee Court had no sufficient evidentiary material on record to enhance the amount of compensation assessed by the Award as the respondents being landowners failed to prove their wishful claim through creditworthy, concrete and unimpeachable oral as well as documentary evidence---High Court reserved findings of Referee Court on relevant issues (Nos. 6 and 7 ) holding the same as against the law as well as record while deciding against the respondents and in favour of the Acquiring Agency (NHA)---Appeal ,filed by acquiring agency, was allowed accordingly.

National Highway Authority vs Syed Altaf Hussain Shah R — 2025 YLR 129 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2025 YLR