1990 PLP 1232 (MLD)

21. We have examined the documentary evidence in depth and are of the view that much of the evidence produced by the parties is neither relevant to the resolution of the controversy nor provides any basis for the fixation of fair compensation. The relevant documentary evidence regarding the price of the land furnished by both the parties is as follows:-- the last 12 months from 1961-62 Mauza Exhibit Year Area Total price Average price per acre Taraf Ravi P2 1961-62 5 acres 52351 30,470.20 Mari Seetal P2 1961-62 6 acres 61300 25,216.67 Taraf Ravi P15 Award of Land Acquisition Collector dated 31-5-64 121 Kanals &10 marlas 61743 43,392.00 Jumma Khalsa Multan-Vehari Road, Multan city) P22 Award in respect of the land acquired for the benefit of Allah Wasaya Textile Mills through Notifica tion dated 16-8-62 on 19-6-1969 21 kanals 15 marlas 62,820 23,000.00 Taraf Ravi D4 Statement based on Mutation of sale 7-9-61 to 6-9-62 28K 15K 245616 61404.00 Jumma Khalsa D6 Statement based on Mutation of sale 7-9-61 to 6-9-62 16 acre 47328.95 29,520.56 Mari Seetal R14 50K 4M 25,705.60

22. After the examination of oral as well as documentary evidence we do not feel the need to examine the other documentary as well as oral evidence as the remaining documents and evidence is not material for the purpose of resolution of objection of parties in respect of fixation of compensation-We are of considered opinion that fair compensation to owner can be determined by taking mean of price fetched by land for industrial purposes and residential purposes. According to the documents mentioned above Exs. P2, and P3 relate to average price calculated from the sale for the residential purposes in Mauza Taraf Ravi in 1961-62 and Mari Seetal while Ex. P15 relates to award given by the Land Acquisition Collector in respect of compulsory acquisition of land for the benefit of Messrs Pakasia Paints. Ex. P22 pertains to award rendered by reference Court in respect of land acquired for the benefit of Allah Wasaya Textile Mills, through Notification dated 16-8-1962. EX. R14 is another relevant document of a significant importance. It was furnished by the respondents. It indicates the price of land sold for residential purposes in Mari Seetal. According to our opinion a mean of Exs. P.2, P.3, P.22 and R.14 will provide a fair and solid basis for determining the compensation of acquired land which is situated in Mari Seetal and has been acquired for industrial purposes. We have not taken into consideration Ex. P15 which was an award of the land acquired by Pakasia Paints. This land was already in possession of the acquiring company being evacuee property, therefore, it is not safe to place reliance upon this award. Similarly, Exs. D4 and D6 are also not on the point.

23. In view of our finding the mean of Exs. P.2, P.3, P.22 and R.14 is an adequate basis. The mean of these documents comes to be Rs. 26,098.12.

24. Having determined the basis of compensation we accept the appeal filed D by Nawabzada Muhammad Saeed Khan to the extent of enhancement of compensation. The compensation is accordingly increased from Rs. 14,400 to Rs. 26,098.12 per acre. The appeal filed by the Province of the Punjab and others is dismissed with costs.

25. In view of our finding the compensation granted to the appellant shall be in the following terms:- (1) Market value at the rate of Rs. 26098.12 per acre Rs. 86,1237.96 (2) Compulsory acquisition allowance at the rate of 15% Rs. 1,29,626.09 (3) Total Rs. 9,93,800.09 (4) Less already awarded Rs. 3,42,714.38 (5) Additional compensation Rs. 2,05,628.62

26. The appellant shall also be entitled to compound interest at the rate of 8% on the enhanced compensation with effect from 22-10-1962 the date o1 possession till the deposit of the said amount in the Court by the respondents. A.A./M-2059/L Order accordingly.