2006 PLP 1388 (MLD)
LAND ACQUISITION COLLECTOR, NATIONAL HIGHWAY AUTHORITY and another — Appellants Versus MUHAMMAD YAQOOB — Respondent.
| Citation | 2006 PLP 1388 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | LAND ACQUISITION COLLECTOR, NATIONAL HIGHWAY AUTHORITY and another — Appellants Versus MUHAMMAD YAQOOB — Respondent. |
| Primary Law | Land Acquisition Act (I of 1894) |
Q1: What are the key laws and sections cited in 2006 PLP 1388 (MLD)?
This judgment primarily cites: Land Acquisition Act (I of 1894) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 1388 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 1388 (MLD) (LAND ACQUISITION COLLECTOR, NATIONAL HIGHWAY AUTHORITY and another — Appellants Versus MUHAMMAD YAQOOB — Respondent.). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Asghar Haider for Respondent.
Headnotes / Summary
Ss. 4, 11, 18, 23 & 54
Enhancement of compensation--Landlord, being dissatisfied with award of Acquisition Collector, .filed reference to the Court, and referee Court enhanced the amount of compensation against which appeal had been filed by the Land Acquisition Collector
Referee Court had fixed/enhanced compensation on appraisal and appreciation of evidence that was led by the parties
Court, while fixing amount of compensation had taken into consideration, amount fixed for adjoining land
Just and fair compensation having been fixed by the Court, keeping in view facts and circumstances of case, would not call for any interference by High Court in appeal.
Judgment & Decree
SYED ZAHID HUSSAIN, J.
Some land situated in Chak No.37 Tehsil Pattoki including the land subject-matter of this appeal was acquired, and Notification under section 4 of the Land Acquisition Act, 1894 was issued on 10-4-1996. Award, dated 5-8-1997 was announced whereby the compensation of the land was fixed at Rs.3087 per marla. Dissatisfied with the same, the respondent filed reference as contemplated by the provisions of Land Acquisition Act, 1894, which was tried and heard by the learned Senior Civil Judge, Kasur who vide judgment, dated 17-6-2004 determined the compensation of the acquired land at the rate of Rs.15,000 per marla with 8% compound interest and 15% compulsory acquisition charges. This is appeal under section 54 of' the Land Acquisition Act, 1894 qua the same. The learned counsel for the parties have been heard. It has candidly been pointed out that R.F.As Nos. 524, 525, 526, 527 and 528 of 1999 concerning a similar dispute as to quantum of compensation about the land situated in the same Chak (Chak No.37) was decided by a learned Division Bench of this Court on 9-3-2000 upholding the compensation of the land at Rs. 15000 per marla and that A appeal there against was dismissed by the Hon'ble Supreme Court of Pakistan as well (CAs. Nos. 2152 to 2156 of 2000). In present case also the learned Senior Civil Judge, Kasur has fixed the compensation at the rate of Rs.15,000 per marla who had reached such a conclusion on appraisal and appreciation of the evidence that was led by the parties. It had been indeed observed by him that "it is further noted that the land of the present petitioner forms part of the same strip of the land for which the Court awarded the price of land the rate of Rs.15,000 per marla. It was the same award which ism question in the present case which was set aside by the Court of learned Senior Civil Judge and judgments and decrees were maintained up to the Supreme Court of Pakistan. It is established fact that all the land including the land of the petitioner constitute a single stretch of identical character. Therefore, it will be unjust to meet out a different treatment with the petitioner. In this behalf, reliance is placed on 1990 MLD 2668, 1994 CLC 126, 1999 ALD 170(2) and NLR 1989 Revenue 148." We have not been persuaded to take any different view of the matter rather due to the identity of the subject-matter find that just and fair compensation keeping in view the facts and circumstances of the case had been fixed, which hardly calls for any interference by this Court. The appeal is accordingly dismissed with no order as to costs. H.B.T./L-11/L????????????????????????????????????????????????????????????????????????????????????? Appeal dismissed.