Rajwali vs LAC/DOR & E, Nowshera Ss — 2025 YLR 360 PESHAWAR-HIGH-COURT

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Rajwali VS LAC/DOR & E, Nowshera Ss.4, 18 & 23---Compensation for acquired land, determination of---Non-consideration of potentiality of land---Absence of inquiry before determination of compensation---Contention of the land owners/appellants was that compensation had not been determined rightly by the Collector Land Acquisition and the Referee Court---Validity---Collector Land Acquisition while determining the compensation of the acquired land had failed to conduct a comprehensive inquiry in order to arrive at a just conclusion, rather, he while relying upon the average sale price/yaksala of the preceding year had fixed the compensation of the acquired land, thus, the determination of compensation being contrary to law could not be allowed to remain in field in any circumstances---Referee Court not only confirmed the commission report but also fixed compensation of the acquired land as Rs.25,000/- per marla, which determination was held to be neither reasonable nor justifiable in the peculiar facts and circumstances of the case for the reason that neither the local commission had given any reference of the mutations in his report produced by the revenue staff during trial nor inquired about the market value of the acquired land before its acquisition in terms of S.23(1) of the Land Acquisition Act, 1894 (Act)----Local Commission had mentioned in his report that the presence of Peshawar-Islamabad Motorway, Wali Interchange, Marhatti Flyover would increase the potential value of the acquired land in the future and that the same could be utilized for any purpose except agriculture, but despite this the Local Commission suggested lower compensation, which was confirmed by the Referee Court without comprehending the attending circumstances of the case---Mutations suggested that the average price of acquired land was not less than Rs.1,00,000/- per marla, however, that suggestion was not properly appreciated by the Collector while determining compensation and, thereafter, the Referee Court while enhancing the compensation amount also ignored the mutations and thereby committed gross miscarriage of justice---Thus, in view of the potentiality and future prospects of the acquired land, which was not only admitted by the Local Commission in his report but also obvious from the sketch appended therewith, coupled with the transaction of sale effected through such mutations one year prior to the issuance of Notification under S. 4 of the Act with regard to the acquired land---The compensation amount, so determined by the Referee Court, was contrary to the provisions of S. 23 of the Act, principles set by the Supreme Court, evidence adduced by the parties and the material available on the record of the case---Appeals of the appellants were allowed, compensation of the acquired land was enhanced and the appeals filed by the Acquiring Department being meritless were dismissed, in circumstances. Citation Name: 2025 YLR 360 PESHAWAR-HIGH-COURTBookmark this Case Rajwali VS LAC/DOR & E, Nowshera S. 23---Compensation of acquired land---Purpose and object---Very purpose and object of the S.23 of the Act is to protect the rights and interests of the landowners by the Court while determining the true and correct amount of compensation for their acquired land keeping in mind its potential value and future prospects in order to save them from the losses and damages sustained by them as well as their other properties injuriously affected by the acquisition of the acquired land.

Rajwali vs LAC/DOR & E, Nowshera Ss — 2025 YLR 360 PESHAWAR-HIGH-COURT

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