2019 PLP 851 (YLR)

ROOH-UL-AMIN KHAN, J.

The Director General (DG) Provincial Housing Authority (PHA) being in need of land in Moza Mera Jalozai Tehsil Pubbi District Nowshera, for public purpose, namely, "Construction of Housing Scheme for Govt Servants and General Public" after fulfilling the requisite formalities in terms of sections 4, 17(4)(6) and 9 of the Land Acquisition Act, 1894, (the Act), acquired total 8905 Kanal and 10 Marla land in various Khasra numbers of said Moza, vide Awards Nos.10059 to 10065 dated 24.09.2011. The Land Acquisition Collector, on the basis of one year average worked out by the revenue staff, fixed the following price of per marla land of different kinds, with 15% compulsory acquisition charges and 6% interest from the date of acquisition till final payment:- Name of Moza Kind of land Rate of per marla Jalozai Mera through notification No.919/DRO/ Acq dated 29.09.2008 i. Barani ii. Banjar Qadeem iii. Ghair Mumkin Abadi/ Mohajer Camp Rs.1759.26 Rs.4308.62 Rs.1895.59. Jalozai Mera Notification No.66/DOR/ Acq dated 16.03.2009 i. Barani ii. Banjar Qadeem iii. Ghair Mumkin Abadi/ Mohajer Camp iv. Dagoba v. Abadi Rs.3411.92 Rs.5625.00 Rs. 1330.37 Rs.20,000 Rs.10454.54 The land owners being dissatisfied from the market price determined by the Collector, filed Reference petitions under sections 18 and 30 of the Act of 1894 before the learned ADJ-V/Judge Referee Court, Nowshera on 17.04.2011 claiming therein the actual market price of the acquired land as Rs.80,000/- per Marla.

2. When summoned, the respondents Acquiring Department appeared before the learned Referee Court and contested the Reference petitions by filing written statement, raising therein variety of objections, legal as well as factual. From controversial pleadings of the parties necessary issues were framed, in support whereof, parties led their respective evidence and on conclusion of trial, the learned Referee Court, after hearing both the sides, vide consolidated judgment dated 03.06.2014, enhanced the market price of the acquired land as under:- Name of Moza Kind of land Rate of per marla Jalozai Mera notification No.66/DOR/ Acq dated 16.03.2009 i. Barani ii. Banjar Qadeem iii. Ghair Mumkin Abadi/ Mohajer Camp iv. Dagoba v. Abadi Rs.10.000 Rs.11,000 Rs.7,000 Rs.32,000 Rs.17,000

3. The land-owners still aggrieved from the market price determined by the learned Referee Court, have preferred the following Regular First Appeals:-

1. RFA No.324-P/2014 Eman ud Din v. Director General Provincial Housing Authority Peshawar and others.

2. RFA No.325-P/2014 Risalpur v. Director General Provincial Housing Authority Peshawar and others.

3. RFA No.326-P/2014 Sahib Shah and others v. Director General Provincial Housing Authority Peshawar and others.

4. RFA No.327-P/2014 Haji Mohammad Haroon and others v. Director General Provincial Housing Authority Peshawar and others.

5. RFA No.328-P/2014 Shaukat Ali and others v. Director General Provincial Housing Authority Peshawar and others.

6. RFA No.329-P/2014 Khusdil Khan and others v. Director General Provincial Housing Authority Peshawar and others.

7. RFA No.330-P/2014 Anar Gul and others v. Director General Provincial Housing Authority Peshawar and others.

8. RFA No.331-P/2014 Mohib Ullah Khan and others v. Director General Provincial Housing Authority Peshawar and others.

9. RFA No.332-P/2014 Waqif Khan v Director General Provincial Housing Authority Peshawar and others.

10. RFA No.333-P/2014 Roshad Khan v. Director General Provincial Housing Authority Peshawar and others.

11. RFA No.334-P/2014 Saleh ud Din v. Director General Provincial Housing Authority Peshawar and others.

12. RFA No.336-P/2014 Shafiq Ahmad and others v. Director General Provincial Housing Authority Peshawar and others.

13. RFA No.337-P/2014 Irshad Ali Khan and others v. Director General Provincial Housing Authority Peshawar and others.

14. RFA No.338-P/2014 Tareh Ullah and others v. Director General Provincial Housing Authority Peshawar and others.

15. RFA No.341-P/2014 Sameer Khan and others v. Director General Provincial Housing Authority Peshawar and others.

16. RFA No.342-P/2014 Faizan Ul Haq and others v. Director General Provincial Housing Authority Peshawar and others.

17. RFA No. 343-P/2014 Maim Ullah and others v. Director General Provincial Housing Authority Peshawar and others.

18. RFA No.344-P/2014 Fazal Yazdan v. Director General Provincial Housing Authority Peshawar and others.

19. RFA No.345-P/2014 Haji Saif Ullah and others v. Director General Provincial Housing Authority Peshawar and others.

20. RFA No.346-P/2014 Nawab Khan v. Director General Provincial Housing Authority Peshawar and others.

21. RFA No.347-P/2014 Bakhtiar and others v. Director General Provincial Housing Authority Peshawar and others.

22. RFA No.348-P/2014 Zahid Gul and others v. Director General Provincial Housing Authority Peshawar and others.

23. RFA No. 349-P/2014 Khaista Gul and others v. Director General Provincial Housing Authority Peshawar and others.

24. RFA No. 350-P/2014 Fazal Kabeer and others v. Director General Provincial Housing Authority Peshawar and others.

25. RFA No.351-P/2014 Zahid Gul and others v. Director General Provincial Housing Authority Peshawar and others.

26. RFA No. 352-P/2014 Miraj Wali Khan v. Director General Provincial Housing Authority Peshawar and others.

27. RFA No. 353-P/ 2014 Mst. Zar Pashan Begum and others v. Director General Provincial Housing Authority Peshawar and others.

28. RFA No. 354-P/2014 Ali Haider and others v. Director General Provincial Housing Authority Peshawar and others.

29. RFA No. 378-P/2014 Zafar Ali and others v. Director General Provincial Housing Authority Peshawar and others.

30. RFA No.379-P/2014 Nawazish Ali and others v. Director General Provincial Housing Authority Peshawar and others. 31.RFA No.380-P/2014 Miraj Begum and others v. Director General Provincial Housing Authority Peshawar and others.

32. RFA No.381-P/2014 Hashmat Khan and others v. Director General Provincial Housing Authority Peshawar and others.

33. RFA No.382-P/2014 Mohammad Amir Rafique and others v. Director General Provincial Housing Authority Peshawar and others.

34. RFA No.383-P/2014 Mst. Feroza Begum and others v. Director General Provincial Housing Authority Peshawar and others.

35. RFA No. 386-P/2014 Habib ur Rehman and others v. Director General Provincial Housing Authority Peshawar and others.

36. RFA No. 388-P/2014 Gul Bahadar and others v. Director General Provincial Housing Authority Peshawar and others.

37. RFA No.389-P/2014 Saif Ullah and others v. Director General Provincial Housing Authority Peshawar and others.

38. RFA No. 408-P/2014 Aamir Hadier and others v. Director General Provincial Housing Authority Peshawar and others.

39. RFA No.411-P/2014 Mst. Zaib Un Nisa v. Director General Provincial Housing Authority Peshawar and others.

40. RFA No.412-P/2014 Mst. Shamzhad Pari v. Director General Provincial Housing Authority Peshawar and others.

41. RFA No.419-P/2014 Afsar Ali and others v. Director General Provincial Housing Authority Peshawar and others.

42. RFA No.420-P/2014 Walizar and others v. Director General Provincial Housing Authority Peshawar and others.

43. RFA No. 422-P/ 2014 Guldaraz Khan and others v. Director General Provincial Housing Authority Peshawar and others.

44. RFA No.423-P/2014 Tariq Kamal and others v. Director General Provincial Housing Authority Peshawar and others.

45. RFA No. 452-P/2014 Kifayat Ali through Legal Heirs and others v. Director General Provincial Housing Authority Peshawar and others.

46. RFA No.453-P/2014 Shah Zaman Khattak and others v. Director General Provincial Housing Authority Peshawar and others.

47. RFA No.455-P/2014 Qazi Atta Ul Haq and others v. Director General Provincial Housing Authority Peshawar and others.

48. RFA No.464-P/2014 Wadan Khan and others v. Director General Provincial Housing Authority Peshawar and others.

49. RFA No.472-P/2014 Saif Ul Malook and others v. Director General Provincial Housing Authority Peshawar and others.

50. RFA No.474-P/2014 Siraj Gul and others v. Director General Provincial Housing Authority Peshawar and others.

51. RFA No. 485-P/2014 Dilawar Khan and others v. Director General Provincial Housing Authority Peshawar and others.

52. RFA No.486-P/2014 Abdul Nawab and others v. Director General Provincial Housing Authority Peshawar and others.

53. RFA No.487-P/2014 Saida Khan and others v. Director General Provincial Housing Authority Peshawar and others.

54. RFA No.488-P/2014 Fazal Akbar and others v. Director General Provincial Housing Authority Peshawar and others.

55. RFA No.492-P/2014 Dost Mohammad and others v. District Officer Revenue and Estate/Collector Land Acquisition Nowshera and others.

56. RFA No.493-P/2014 Khalid Zada and others v. Director General Provincial Housing Authority Peshawar and others.

57. RFA No.504-P/2014 Zuylqadar v. Director General Provincial Housing Authority Peshawar and others.

58. RFA No.511-P/2014 Haji Yousaf Khan and others v. Director General Provincial Housing Authority Peshawar and others.

59. RFA No.517-P/2014 Mohammad Hamayun and others v. Director General Provincial Housing Authority Peshawar and others.

60. RFA No.518-P/2014 Sardar Ali and others v. Director General Provincial Housing Authority Peshawar and others.

61. RFA No.541-P/2014 Gulzar Ahmad Khan and others v. Director General Provincial Housing Authority Peshawar and others.

62. RFA No.542-P/2014 Shah Nawaz Khan and others v. Director General Provincial Housing Authority Peshawar and others.

63. RFA No.559-P/2014 Taj Umar Ali Khan and others v. Director General Provincial Housing Authority Peshawar and others.

64. RFA No.561-P/2014 Bahkhtiar Ul Haq and others v. Director General Provincial Housing Authority Peshawar and others. 65.RFA No.563-P/2014 Mir Ahmad Khan and others v. Director General Provincial Housing Authority Peshawar and others. 66.RFA No.565-P/2014 Riaz Ul Haq and others v. Director General Provincial Housing Authority Peshawar and others.

67. RFA No.566-P/2014 Niaz Mohammad and others v. Director General Provincial Housing Authority Peshawar and others.

68. RFA No.87-P/2015 Lal Zada v. Director General Provincial Housing Authority Peshawar and others.

69. RFA No.200-P/2018 Mst. Natasha and others v. Director General Provincial Housing Authority

70. RFA No.572-P/2014 Mohammad Azam Khan v. Director General Provincial Housing Authority Peshawar and others.

71. RFA No.321-P/2014 Mohammad Aslam and others v. Director General Provincial Housing Authority Peshawar and others.

72. RFA No.322-P/2014 Muslim Shah and others v. Director General Provincial Housing Authority Peshawar and others.

73. RFA No.323-P/2014 Hussain Khan and others v. Director General Provincial Housing Authority Peshawar and others.

74. RFA No.339-P/2014 Zar Ali Khan and others v. Director General Provincial Housing Authority Peshawar and others.

75. RFA No.340-P/2014 Hameed Ullah and others v. Director General Provincial Housing Authority Peshawar and others.

76. RFA No.355-P/2014 Biradar Khan v. Director General Provincial Housing Authority Peshawar and others.

77. RFA No.387-P/2014 Shahzada and others v. Director General Provincial Housing Authority Peshawar and others.

78. RFA No.417-P/2014 Mohammad Qasim Khan and others v. Director General Provincial Housing Authority Peshawar and others.

79. RFA No.421-P/2014 Nizam Ali and others v. Director General Provincial Housing Authority Peshawar and others.

80. RFA No.424-P/2014 Mst. Saba Gul and others v. Director General Provincial Housing Authority Peshawar and others.

81. RFA No.426-P/2014 Fida Mohammad and others v. Director General Provincial Housing Authority Peshawar and others.

82. RFA No.428-P/2014 Dildar Khan Khattak v. Director General Provincial Housing Authority Peshawar and others.

83. RFA No.429-P/2014 Fazal Mabood and others v. Director General Provincial Housing Authority Peshawar and others.

84. RFA No.430-P/2014 Mst. Zahin Pari v. Director General Provincial Housing Authority Peshawar and others.

85. RFA No.431-P/2014 Abdur Rashid v. Director General Provincial Housing Authority Peshawar and others.

86. RFA No.432-P/2014 Haji Mohammad Sair Khan and others v. Director General Provincial Housing Authority Peshawar and others.

87. RFA No.433-P/2014 Sardar v. Director General Provincial Housing Authority Peshawar and others.

88. RFA No.434-P/2014 Rowaidar Khan v. Director General Provincial Housing Authority Peshawar and others.

89. RFA No.435-P/2014 Khalil Jan v. Director General Provincial Housing Authority Peshawar and others.

90. RFA No.436-P/2014 Said Wali Shah and others v. Director General Provincial Housing Authority Peshawar and others.

91. RFA No.437-P/2014 Haji Azam Khan and others v. Director General Provincial Housing Authority Peshawar and others.

92. RFA No.438-P/2014 Intizar Mohammad and others v. Director General Provincial Housing Authority Peshawar and others.

93. RFA No.439-P/2014 Tafoor Rehman and others v. Director General Provincial Housing Authority Peshawar and others.

94. RFA No.440-P/2014 Haji Barkat Shah and others v. Director General Provincial Housing Authority Peshawar and others.

95. RFA No.441-P/2014 Pervez Khan and others v. Director General Provincial Housing Authority Peshawar and others.

96. RFA No.442-P/2014 Muzafar Hussain and others v. Director General Provincial Housing Authority Peshawar and others.

97. RFA No.443-P/2014 Tafoor Rehman and others v. Director General Provincial Housing Authority Peshawar and others.

98. RFA No.444-P/2014 Sheraz Ahmad and others v. Director General Provincial Housing Authority Peshawar and others.

99. RFA No.447-P/2014 Ahmad Ali and others v. Director General Provincial Housing Authority Peshawar and others.

100. RFA No.448-P/2014 Ijaz Ali Khan and others v. Director General Provincial Housing Authority Peshawar and others.

101. RFA No.456-P/2014 Mst. Razia Begum and others v. Director General Provincial Housing Authority Peshawar and others.

102. RFA No.462-P/2014 Fazal Shah v. Director General Provincial Housing Authority Peshawar and others.

103. RFA No.463-P/ 2014 Noor Ullah and others v. Director General Provincial Housing Authority Peshawar and others.

104. RFA No.465-P/ 2014 Naseem Khan and others v. Director General Provincial Housing Authority Peshawar and others.

105. RFA No.466-P/ 2014 Sher Man Shah and others v. Director General Provincial Housing Authority Peshawar and others.

106. RFA No.467-P/ 2014 Noor ul Baswar and others v. Director General Provincial Housing Authority Peshawar and others.

107. RFA No.468-P/ 2014 Farman Gul and others v. Director General Provincial Housing Authority Peshawar and others.

108. RFA No.469-P/ 2014 Abdul Mateen v. Director General Provincial Housing Authority Peshawar and others.

109. RFA No.470-P/2014 Fazal-e-Hadi and another v. Director General Provincial Housing Authority Peshawar and others.

110. RFA No.471-P/2014 Nemat Khan and another v. Director General Provincial Housing Authority Peshawar and others.

111. RFA No.473-P/2014 Qazi Wajahat Ullah v. Director General Provincial Housing Authority Peshawar and others.

112. RFA No.475-P/2014 Qaiser Khan and others v. Director General Provincial Housing Authority Peshawar and others.

113. RFA No.483-P/2014 Malik Sher Bahadar Khan v. Director General Provincial Housing Authority Peshawar and others.

114. RFA No.484-P/2014 Noor Ali Sahib Shah through Legal Heirs and others v. Director General Provincial Housing Authority Peshawar and others.

115. RFA No.490-P/2014 Mst. Gul Baha v. Director General Provincial Housing Authority Peshawar and others.

116. RFA No.491-P/2014 Qadar Gul and others v. Director General Provincial Housing Authority Peshawar and others.

117. RFA No.494-P/2014 Javed Iqbal and others v. Director General Provincial Housing Authority Peshawar and others.

118. RFA No.495-P/2014 Ajmal Khan and others v. Director General Provincial Housing Authority Peshawar and others.

119. RFA No.496-P/2014 Abdul Kalam and others v. Director General Provincial Housing Authority Peshawar and others.

120. RFA No.497-P/2014 Wasil Khan and others v. Director General Provincial Housing Authority Peshawar and others.

121. RFA No.509-P/2014 Waheed Zaman v. Director General Provincial Housing Authority Peshawar and others.

122. RFA No.510-P/ 2014 Fazal Khan and others v. Director General Provincial Housing Authority Peshawar and others.

123. RFA No.515-P/ 2014 Hanif Khan and others v. Director General Provincial Housing Authority Peshawar and others.

124. RFA No.516-P/ 2014 Anwar Ali v. Director General Provincial Housing Authority Peshawar and others.

125. RFA No.519-P/2014 Abdul Manan and others v. Director General Provincial Housing Authority Peshawar and others.

126. RFA No.526-P/2014 Haq Nawaz and others v. Director General Provincial Housing Authority Peshawar and others.

127. RFA No.528-P/2014 Ali Haider and others v. Director General Provincial Housing Authority Peshawar and others.

128. RFA No.538-P/2014 Khaista Rehman and others v. Director General Provincial Housing Authority Peshawar and others.

129. RFA No.539-P/2014 Habib Ullah and others v. Director General Provincial Housing Authority Peshawar and others.

130. RFA No.540-P/2014 Hunar Gul and others v. Director General Provincial Housing Authority Peshawar and others

131. RFA No.543-P/2014 Wazir Aslam and others v. Director General Provincial Housing Authority Peshawar and others.

132. RFA No. 564-P/2014 Faiz Mohammad and others v. Director General Provincial Housing Authority Peshawar and others.

133. RFA No.567-P/2014 Mst. Hussan Zari and others v. Director General Provincial Housing Authority Peshawar and others.

134. RFA No.573-P/2014 Mohammad Zaman and others v. Director General Provincial Housing Authority Peshawar and others.

135. RFA No. 425-P/2014. Fazlullah and others v. Director General Provincial Housing Authority Peshawar and others

136. RFA No. 427-P/2014. Saleem Khan and others v. Director General Provincial Housing Authority Peshawar and others

137. RFA No. 449-P/2014. Zarkesh and others v. Director General Provincial Housing Authority Peshawar and others

138. RFA No. 450-P/2014. Naeem Shah v. Director General Provincial Housing Authority Peshawar and others

139. RFA No.458-P/ 2014. Suleman and others v. Director General Provincial Housing Authority Peshawar and others

140. RFA No. 583-P/2014. Director General Provincial Housing Authority Peshawar and others v. Misri Khan and others.

141. RFA No. 586-P/2014. Director General Provincial Housing Authority Peshawar and others v. Bakhtiyar Ul Haq and others.

142. RFA No. 589-P/2014. Director General Provincial Housing Authority Peshawar and others v. Tajamul Shah and others.

143. RFA No. 605-P/2014. Director General Provincial Housing Authority Peshawar and others v. Safeer Ullah and others.

144. RFA No. 608-P/2014. Director General Provincial Housing Authority Peshawar and others v. Suleman Shah and others.

145. RFA No. 624-P/2014. Director General Provincial Housing Authority Peshawar and others v. Naeem Shah.

146. RFA No. 656-P/2014. Director General Provincial Housing Authority Peshawar and others v. Qalandar Shah and others.

147. RFA No. 674-P/2014. Director General Provincial Housing Authority Peshawar and others v. Zarkesh and others.

148. RFA No. 676-P/ 2014. Director General Provincial Housing Authority Peshawar and others v. Fazal Khan and others.

149. RFA No. 38-P/2014. Director General Provincial Housing Authority Peshawar and others v. Muslim Shah.

150. RFA No.454-P/2014 Shahnawaz Khan and others v. DG PHA, Peshawar.

151. RFA No.335-P/2014 Aminullah etc. v. DG PHA, Peshawar.

152. RFA No.320-P/2014 Mir Fayaz etc. v. DG PHA, Peshawar.

153. Oject. Petition No.3-P/ 2018 in RFA No.87-P/ 2015 Lal Zada etc. v. DG PHA, Peshawar.

4. The Acquiring Department-respondents have also assailed the judgment of the learned Referee Court in the following connected RFAs, seeking reduction of the market price to the one determined by the Land Acquisition Collector in the Awards.

1. RFA No.574-P/2014 Director General Provincial Housing Authority Peshawar and others v. Mst. Zahin Pari.

2. RFA No.575-P/2014 Director General Provincial Housing Authority Peshawar and others v. Safdar Ali.

3. RFA No.576-P/2014 Director General Provincial Housing Authority Peshawar and others v. Muzafar Hussain and others.

4. RFA No.578-P/2014 Director General Provincial Housing Authority Peshawar and others v. Taj Mohammad and others.

5. RFA No.579-P/ 2014 Director General Provincial Housing Authority Peshawar and others v. Anar Gul.

6. RFA No.580-P/2014 Director General Provincial Housing Authority Peshawar and others v. Waqif Khan.

7. RFA No.582-P/2014 Director General Provincial Housing Authority Peshawar and others v. Shah Saud.

8. RFA No.588-P/2014 Director General Provincial Housing Authority Peshawar and others v. Waqif Khan.

9. RFA No.590-P/2014 Director General Provincial Housing Authority Peshawar and others v. Ali Gul and others.

10. RFA No.591-P/2014 Director General Provincial Housing Authority Peshawar and others v. Ali Haider.

11. RFA No.593-P/2014 Director General Provincial Housing Authority Peshawar and others v. Riaz Ul Haq and others.

12. RFA No.594-P/ 2014 Director General Provincial Housing Authority Peshawar and others v. Jan Alam and others.

13. RFA No.595-P/2014 Director General Provincial Housing Authority Peshawar and others v. Dost Mohammad and others.

14. RFA No.596-P/2014 Director General Provincial Housing Authority Peshawar and others v. Qazi Badr Ul Wahab and others.

15. RFA No.597-P/2014 Director General Provincial Housing Authority Peshawar and others v. Farhat Ullah and others.

16. RFA No.599-P/2014 Director General Provincial Housing Authority Peshawar and others v. Mohammad Amar Rafiq and others.

17. RFA No.600-P/2014 Director General Provincial Housing Authority Peshawar and others v. Mst. Bibi Gul Pari and others.

18. RFA No.609-P/2014 Director General Provincial Housing Authority Peshawar and others v. Sameer and others.

19. RFA No.610-P/2014 Director General Provincial Housing Authority Peshawar and others v. Haq Nawaz and others.

20. RFA No.612-P/2014 Director General Provincial Housing Authority Peshawar and others v. Roshan Khan and others.

21. RFA No.614-P/2014 Director General Provincial Housing Authority Peshawar and others v. Hussan Ara and others.

22. RFA No.615-P/2014 Director General Provincial Housing Authority Peshawar and others v. Mst. Shamshad Pari and others.

23. RFA No.616-P/2014 Director General Provincial Housing Authority Peshawar and others v. Saif Ul Malook and others.

24. RFA No.617-P/2014 Director General Provincial Housing Authority Peshawar and others v. Gul Bahadar and others.

25. RFA No.618-P/2014 Director General Provincial Housing Authority Peshawar and others v. Awal Khan and others.

26. RFA No.619-P/2014 Director General Provincial Housing Authority Peshawar and others v. Bukhtar Ul Haq.

27. RFA No.620-P/ 2014 Director General Provincial Housing Authority Peshawar and others v. Khushdil Khan and others.

28. RFA No.621-P/2014 Director General Provincial Housing Authority Peshawar and others v. Widan Khan and others.

29. RFA No.622-P/2014 Director General Provincial Housing Authority Peshawar and others v. Habib Ullah and others.

30. RFA No.623-P/2014 Director General Provincial Housing Authority Peshawar and others v. Khaista Rehman and others.

31. RFA No.627-P/2014 Director General Provincial Housing Authority Peshawar and others v. Fazal Yazdan.

32. SRFA No.628-P/2014 Director General Provincial Housing Authority Peshawar and others v. Shams Ul Haq and others.

33. RFA No.629-P/2014 Director General Provincial Housing Authority Peshawar and others v. Faizan Ul Haq and others.

34. RFA No.632-P/2014 Director General Provincial Housing Authority Peshawar and others v. Fazal Kabeer and others.

35. RFA No.637-P/2014 Director General Provincial Housing Authority Peshawar and others v. Shafiq Ahmad and others.

36. RFA No.640-P/2014 Director General Provincial Housing Authority Peshawar and others v. Imad Ud Din.

37. RFA No.642-P/2014 Director General Provincial Housing Authority Peshawar and others v. Mst. Misal Ul Nihar and others.

38. RFA No.643-P/2014 Director General Provincial Housing Authority Peshawar and others v. Nawazish Ali and others.

39. RFA No.648-P/2014 Director General Provincial Housing Authority Peshawar and others v. Dil Nawaz Khan and others.

40. RFA No.649-P/2014 Director General Provincial Housing Authority Peshawar and others v. Mst. Miraj Begum and others.41. RFA No.650-P/2014 Director General Provincial Housing Authority Peshawar and others v. Mohammad Nawaz and others.42. RFA No.651-P/2014 Director General Provincial Housing Authority Peshawar and others v. Haji Saif Ullah and others.

43. RFA No.652-P/2014 Director General Provincial Housing Authority Peshawar and others v. Shams Ur Rehman and others.

44. RFA No.657-P/2014 (sic) and others v. Inam Gul and others.

45. RFA No.661-P/2014 Director General Provincial Housing Authority Peshawar and others v. Tariq Ahmad and others.

46. RFA No.662-P/ 2014 Director General Provincial Housing Authority Peshawar and others v. Mst. Zaib Un Nisa.

47. RFA No.670-P/2014 Director General Provincial Housing Authority Peshawar and others v. Afsar Ali and others.

48. RFA No.671-P/2014 Director General Provincial Housing Authority Peshawar and others v. Raj Mohammad and others.

49. RFA No.672-P/2014 Director General Provincial Housing Authority Peshawar and others v. Mohammad Qasim Khan and others.

50. RFA No.673-P/2014 Director General Provincial Housing Authority Peshawar and others v. Khalid Zada and others.

51. RFA No.677-P/ 2014 Director General Provincial Housing Authority Peshawar and others v. Mst. Hussan Ara.

52. RFA No.4-P/2015 Tariq Ahmad and others v. Director General Provincial Housing Authority Peshawar and others.

53. RFA No.6-P/2015 Director General Provincial Housing Authority Peshawar and others v. Qazi Atta Ul Haq.

54. RFA No.9-P/2015 Director General Provincial Housing Authority Peshawar and others v. Gulistan Khan and others.

55. RFA No.10-P/2015 Director General Provincial Housing Authority Peshawar and others v. Mst. Misal Un Nihar and others.

56. RFA No.15-P/2015 Director General Provincial Housing Authority Peshawar and others v. Mst. Razia Begum and others.

57. RFA No.17-P/2015 Director General Provincial Housing Authority Peshawar and others v. Haji Hussain Ahmad Khattak and others.

58. RFA No.20-P/2015 Director General Provincial Housing Authority Peshawar and others v. Aamir Haider and others.

59. RFA No.21-P/ 2015 Director General Provincial Housing Authority Peshawar and others v. Sajida.

60. RFA No.24-P/2015 Director General Provincial Housing Authority Peshawar and others v. Faiz Mohammad and others.

61. RFA No.26-P/2015 Director General Provincial Housing Authority Peshawar and others v. Zafar and others.

62. RFA No.27-P/ 2015 Director General Provincial Housing Authority Peshawar and others v. Gul Daraz Khan and others.

63. RFA No.28-P/2015 Director General Provincial Housing Authority Peshawar and others v. Qazi Wajahat Ullah and others.

64. RFA No.29-P/ 2015 Director General Provincial Housing Authority Peshawar and others v. Qazi Mehr Ul Wahab Khan and others.

65. RFA No. 30-P/2015 Director General Provincial Housing Authority Peshawar and others v. Akhtar Hussain and others.

66. RFA No.31-P/2015 Director General Provincial Housing Authority Peshawar and others v. Taj Umar Ali Khan and others.

67. RFA No.34-P/2015 Director General Provincial Housing Authority Peshawar and others v. Zarafat Sair. 68.RFA No.36-P/2015 Director General Provincial Housing Authority Peshawar and others v. Gulzar Ahmad Khan and others.

69. RFA No.37-P/2015 Director General Provincial Housing Authority Peshawar and others v. Zulqadar.

70. RFA No.66-P/2015 Naeem Khan and another v. Director General Provincial Housing Authority Peshawar and others.

71. RFA No.83-P/2015 Director General Provincial Housing Authority Peshawar and others v. Kifayat Ali and others.

72. RFA No.84-P/2015 Director General Provincial Housing Authority Peshawar and others v. Rab Nawaz and others.

73. RFA No.85-P/2015 Director General Provincial Housing Authority Peshawar and others v. Mst. Shah Paristan.

74. RFA No.86-P/2015 Director General Provincial Housing Authority Peshawar and others v. Shad Mohammad and others.

75. RFA No.87-P/ 2015 Director General Provincial Housing Authority Peshawar and others v. Lal Zada and others.

76. RFA No.88-P/2015 Director General Provincial Housing Authority Peshawar and others v. Shah Nawaz Khan and others.

77. RFA No.89-P/2015 Director General Provincial Housing Authority Peshawar and others v. Fazal e Akbar and others.

78. RFA No.92-P/2015 Director General Provincial Housing Authority Peshawar and others v. Hashmat Khan and others.

79. RFA No.93-P/2015 Director General Provincial Housing Authority Peshawar and others v. Mohammad Nawaz and others.

80. RFA No.94-P/2015 Director General Provincial Housing Authority Peshawar and others v. Mohammad Hamayun and others.

81. RFA No.95-P/2015 Director General Provincial Housing Authority Peshawar and others v. Shah Nawaz and others.

82. RFA No.98-P/2015 Director General Provincial Housing Authority Peshawar and others v. Salah Ud Din and others.

83. RFA No.99-P/2015 Director General Provincial Housing Authority Peshawar and others v. Farhat Ullah Khan.

84. RFA No.100-P/2015 Director General Provincial Housing Authority Peshawar and others v. Haji Mohib Ullah.

85. RFA No.101-P/2015 Director General Provincial Housing Authority Peshawar and others v. Sahib Shah.

86. RFA No.102-P/2015 Director General Provincial Housing Authority Peshawar and others v. Tariq Ahmad and others.

87. RFA No.103-P/2015 Director General Provincial Housing Authority Peshawar and others v. Mst. Tilat and others.

88. RFA No.104-P/2015 Director General Provincial Housing Authority Peshawar and others v. Khalid Zada and others.

89. RFA No.105-P/2015 Director General Provincial Housing Authority Peshawar and others v. Siraj Gul and others.

90. RFA No.107-P/2015 Director General Provincial Housing Authority Peshawar and others v. Zahid Gul and others.

91. RFA No.108-P/2015 Director General Provincial Housing Authority Peshawar and others v. Habib Ur Rehman and others.

92. RFA No.109-P/2015 Director General Provincial Housing Authority Peshawar and others v. Haji Mohammad Harooan and others.

93. RFA No.110-P/2015 Director General Provincial Housing Authority Peshawar and others v. Wazir Aslam and others.

94. RFA No.112-P/2015 Director General Provincial Housing Authority Peshawar and others v. Naqeeb Khan and others.

95. RFA No.113-P/ 2015 Director General Provincial Housing Authority Peshawar and others v. Hussan Ara.

96. RFA No.146-P/2015 Director General Provincial Housing Authority Peshawar and others v. Shah Zaman Khattak and others.

97. RFA No.148-P/2015 Director General Provincial Housing Authority Peshawar and others v. Farman Gul and others.

98. RFA No.151-P/2015 Director General Provincial Housing Authority Peshawar and others v. Hasim Ali Khan and others.

99. RFA No.156-P/2015 Director General Provincial Housing Authority Peshawar and others v. Miraj Begum and others.

100. RFA No.158-P/2015 Director General Provincial Housing Authority Peshawar and others v. Mst. Amna Begum.

101. RFA No.160-P/2015 Director General Provincial Housing Authority Peshawar and others v. Qazi Mohammad.

102. RFA No.634-P/2014 Director General Provincial Housing Authority Peshawar and others v. Fazal Mohammad and another.

103. RFA No.635-P/2014 Director General Provincial Housing Authority Peshawar and others v. Naseeb Gul and others.

104. RFA No.647-P/2014 Director General Provincial Housing Authority Peshawar and others v. Noor Rehman and others.

105. RFA No.668-P/2014 Director General Provincial Housing Authority Peshawar and others v. Niaz Ullah.

106. RFA No.669-P/2014 Director General Provincial Housing Authority Peshawar and others v. Nemat Khan.

107. RFA No.90-P/ 2015 Director General Provincial Housing Authority Peshawar and others v. Mst. Shahtari and others.

108. RFA No.654-P/2014 Director General Provincial Housing Authority Peshawar and others v. Dr. Saif Ullah and others.

109. RFA No.106-P/2015 Director General Provincial Housing Authority Peshawar and others v. Najeeb Ullah and others.

110. RFA No. 149-P/2015. Director General Provincial Housing Authority Peshawar and others v. Mukhtyar Ul Haq and others.

111. RFA No.577-P/2014 Director General Provincial Housing Authority Peshawar and others v. Duran Shah and others.

112. RFA No.581-P/2014 Director General Provincial Housing Authority Peshawar and others v. Fazal Ullah

113. RFA No.584-P/2014 Director General Provincial Housing Authority Peshawar and others v. Pervez Khan and others.

114. RFA No.585-P/ 2014 Director General Provincial Housing Authority Peshawar and others v. Intizar Mohammad and others.

115. RFA No.587-P/2014 Director General Provincial Housing Authority Peshawar and others v. Haji Hazrat Akbar and others.

116. RFA No.592-P/2014 Director General Provincial Housing Authority Peshawar and others v. Haji Mohammad Yousaf and others.

117. RFA No.598-P/2014 Director General Provincial Housing Authority Peshawar and others v. Rowaidad Khan and others.

118. RFA No.602-P/2014 Director General Provincial Housing Authority Peshawar and others v. Mst. Gul Baha

119. RFA No.603-P/2014 Director General Provincial Housing Authority Peshawar and others v. Hameed Khan and others.

120. RFA No.604-P/2014 Director General Provincial Housing Authority Peshawar and others v. Sher Alam and others.

121. RFA No.606-P/2014 Director General Provincial Housing Authority Peshawar and others v. Waheed Zaman and others.

122. RFA No.607-P/2014 Director General Provincial Housing Authority Peshawar and others v. Mst. Maqsood Begum.

123. RFA No.611-P/2014 Director General Provincial Housing Authority Peshawar and others v. Haji Barkat Shah and others.

124. RFA No.613-P/2014 Director General Provincial Housing Authority Peshawar and others v. Mir Wali Khan and others.

125. RFA No.625-P/2014 Director General Provincial Housing Authority Peshawar and others v. Haq Nawaz and others.

126. RFA No.626-P/2014 Director General Provincial Housing Authority Peshawar and others v. Mohammad Iqbal and others.

127. RFA No.630-P/2014 Director General Provincial Housing Authority Peshawar and others v. Ajmal Khan and others.

128. RFA No.633-P/ 2014 Director General Provincial Housing Authority Peshawar and others v. Saleem Khan and others.

129. RFA No.636-P/2014 Director General Provincial Housing Authority Peshawar and others v. Noor Ali and others.

130. RFA No.638-P/2014 Director General Provincial Housing Authority Peshawar and others v. Fazal Mahboob and others.

131. RFA No.639-P/2014 Director General Provincial Housing Authority Peshawar and others v. Afsar Ullah and others.

132. RFA No.641-P/2014 Director General Provincial Housing Authority Peshawar and others v. Shahzada and others.

133. RFA No.644-P/2014 Director General Provincial Housing Authority Peshawar and others v. Misri Khan.

134. RFA No.645-P/ 2014 Director General Provincial Housing Authority Peshawar and others v. Minhaj Ali and others.

135. RFA No.646-P/2014 Director General Provincial Housing Authority Peshawar and others v. Mst. Hussan Zari.

136. RFA No.653-P/2014 Director General Provincial Housing Authority Peshawar and others v. Nemat Ullah and others.

137. RFA No.655-P/2014 Director General Provincial Housing Authority Peshawar and others v. Nisar Ahmad and others.

138. RFA No.658-P/ 2014 Director General Provincial Housing Authority Peshawar and others v. Bismillah Shah and others.

139. RFA No.659-P/2014 Director General Provincial Housing Authority Peshawar and others v. Fazal e Hadi and others.

140. RFA No.660-P/2014 Director General Provincial Housing Authority Peshawar and others v. Gul Mohammad and others.

141. RFA No.664-P/2014 Director General Provincial Housing Authority Peshawar and others v. Haji Mohammad and others.

142. RFA No.665-P/2014 Director General Provincial Housing Authority Peshawar and others v. Noor Ullah and others.

143. RFA No.667-P/2014 Director General Provincial Housing Authority Peshawar and others v. Fazal Shah and others.

144. RFA No.675-P/2014 Director General Provincial Housing Authority Peshawar and others v. Abdul Manan and others.

145. RFA No.7-P/2015 Director General Provincial Housing Authority Peshawar and others v. Shaukat Ali and others.

146. RFA No.8-P/ 2015 Director General Provincial Housing Authority Peshawar and others v. Zulfiqar Ali and others.

147. RFA No.11-P/2015 Director General Provincial Housing Authority Peshawar and others v. Fida Mohammad and others.

148. RFA No.12-P/2015 Director General Provincial Housing Authority Peshawar and others v. Shahzada and others.

149. RFA No.13-P/2015 Director General Provincial Housing Authority Peshawar and others v. Javed Iqbal and others.

150. RFA No.14-P/2015 Director General Provincial Housing Authority Peshawar and others v. Fazal Mehbood and others.

151. RFA No.16-P/2015 Director General Provincial Housing Authority Peshawar and others v. Biradar Khan and another.

152. RFA No.18-P/2015 Director General Provincial Housing Authority Peshawar and others v. Olas Khan and others.

153. RFA No.19-P/2015 Director General Provincial Housing Authority Peshawar and others v. Hunar Gul and others.

154. RFA No.22-P/2015 Director General Provincial Housing Authority Peshawar and others v. Ahsan Gul and others.

155. RFA No.25-P/2015 Director General Provincial Housing Authority Peshawar and others v. Qaiser Khan and others.

156. RFA No.32-P/2015 Director General Provincial Housing Authority Peshawar and others v. Hussain Khan and others.

157. RFA No.33-P/2015 Director General Provincial Housing Authority Peshawar and others v. Haji Azam Khan and others.

158. RFA No.35-P/2015 Director General Provincial Housing Authority Peshawar and others v. Abdul Mateen and others.

159. RFA No.54-P/2015 Shaukat Ali alias Shaukat Khan v. Director General Provincial Housing Authority Peshawar and others.

160. RFA No.67-P/2015 Ahsan Gul and others v. Director General Provincial Housing Authority Peshawar and others.

161. RFA No.91-P/2015 Director General Provincial Housing Authority Peshawar and others v. Niaz Muhammad and others.

162. RFA No.96-P/2015 Director General Provincial Housing Authority Peshawar and others v. Mohammad Arshad and others.

163. RFA No.97-P/2015 Director General Provincial Housing Authority Peshawar and others v. Mir Ahmad Khan.

164. RFA No.111-P/2015 Director General Provincial Housing Authority Peshawar and others v. Shaukat Ali and others.

165. RFA No.147-P/2015 Director General Provincial Housing Authority Peshawar and others v. Hazrat Akbar and others.

166. RFA No.150-P/2015 Director General Provincial Housing Authority Peshawar and others v. Malak Sher Bahadar.

167. RFA No.152-P/2015 Director General Provincial Housing Authority Peshawar and others v. Khalil Jan.

168. RFA No.153-P/2015 Director General Provincial Housing Authority Peshawar and others v. Dildar Khan Khattak and others.

169. RFA No.154-P/2015 Director General Provincial Housing Authority Peshawar and others v. Noor Ul Basar and others.

170. RFA No.155-P/2015 Director General Provincial Housing Authority Peshawar and others v. Anwar Ali.

171. RFA No.157-P/2015 Director General Provincial Housing Authority Peshawar and others v. Nawab Khan.

172. RFA No.159-P/ 2015 Director General Provincial Housing Authority Peshawar and others v. Naeem Shah.

173. RFA No.161-P/2015 Director General Provincial Housing Authority Peshawar and others v. Hanif Ullah and others.

174. RFA No.162-P/2015 Director General Provincial Housing Authority Peshawar and others v. Mohammad Zaman.

175. RFA No.376-P/2015 Director General Provincial Housing Authority Peshawar and others v. Mst. Natasha and others.

176. RFA No.23-P/2015 Director General Provincial Housing Authority Peshawar and others v. Malik Zain Ul Abideen and others.

177. RFA No.512-P/2014 Malik Zain Ul Abideen v. Director General Provincial Housing Authority Peshawar and others

178. RFA No.527-P/2014 Nizam Khan and others v. Director General Provincial Housing Authority Peshawar and others

179. RFA No.560-P/2014 Noor Rehman and others v. Director General Provincial Housing Authority Peshawar and others

180. RFA No.663-P/2014 DG PHA v. Hameed Ullah and others

181. RFA No.666-P/2016 DG PHA v. Mst. Zaid un Nisa.

5. Since, appeals filed by the parties, pertain to the Awards announced in one and the same Moza whereby land has been acquired for the same purpose as well as the Reference petitions of all the land owners have been decided through a consolidated judgment, therefore are being decided through this single judgment.

6. Arguments of learned counsel for the parties heard and record perused with their able assistance.

7. Before adverting to the issue of determination of actual market price of the acquired land, I, would like to meet the preliminary legal objection, raised by the learned counsel for the respondents department to the effect that Reference Petitions filed by the land owners under section 18 of the Act of 1894, were not competent as the landowners had received the compensation amount of the acquired land without any protest, as such they had no locus standi to file reference petitions under section 18 of read with second proviso to subsection (2) of section 31 of the Act of 1894.

8. In context of the above legal objection, record of the case, particularly, acquaintance role (Qabz ul Wasool) was perused, which revealed that some of the land owners had received compensation underwritten protest, while some without any written protest. It is manifest from record that almost all the reference petitions have been filed by the land owners prior to receipt of the compensation amount, which by itself amounts to protest within the meaning of proviso to subsection (2) of section 31 of the Act of 1894. Most importantly; reading of entire section 31 of the Act of 1894, would reveal that it does not mandate "any written protest", therefore, legal force and applicability of objection of the learned counsel for the respondents department can be adjudged on the touch stone of the above mentioned consideration, for which resort to section 31 of the Act of 1894, would be advantageous, which runs as follow:-

31. Payment of compensation or deposit of the same in Court.

(1). On making an award under section 11, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award, and shall pay it to them unless prevented by some one or more of the contingencies mentioned in the next subsection. (2) If they shall not consent to receive it, or if there be no person competent to alienate the land, or if there by any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Court to which a reference under section 18 would be submitted. Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount. Provided also that no person who has received the amount otherwise than under protest shall be entitled to make any application under section

18. Provided also that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this Act, to pay the same to the person lawfully entitled thereto. (3) Notwithstanding anything in this section the Collector may, with the sanction of the Provincial Government, instead of awarding a money compensation in respect of any land, make any arrangement with person having a limited interest in such land, either by the grant of other lands in exchange, the remission of land-revenue on other lands held under the same title, or in such other way as may be equitable having regard to the interest of the parties concerned. (4) Nothing in the last foregoing subsection shall be construed to interfere with, or limit the power of the Collector to enter into any arrangement with any person interested in the land and competent to contact in respect thereof." (The Underlines supplied for emphasis). Proviso (2) to section 31 of the Act of 1894, implies a bar on a person to file reference under section 18, who has received the amount of compensation otherwise than under protest. However, the above quoted proviso does not provide any mechanism for making or lodging such protest, at the time or before receiving the compensation. It does not say that protest by a claimant must necessarily be in writing. According to section 18, reference can be sought by (1) any person interested who has not accepted the award (2) by a written application made to the Collector (3) for determination as regards objection to the land, the amount of compensation and the person to whom it is payable. Result of the conjecture reading of section 18 and proviso to subsection (2) of section 31 of the Act, manifestly state that an application seeking reference under section 18 of the Act of 1894, for determination of the amount of compensation, can be made by any person interested who has not accepted the award and who has not received the amount otherwise than under protest. Though, second proviso to subsection (2) of section 31 of the Act, is couched in the negative form and it disabled a person from seeking reference under section 18, in case the amount of compensation is received otherwise than under protest, however, as observed above, the Act of 1894, nowhere lays down the method, manner and form in which protest has to be recorded by a person receiving the compensation. In the process of acquisition, section 9 of the Act, imposes a duty on the Collector to invite land owners to put their claims for compensation of their respective interests and their objections with regard to measurement of the acquired land under section 8 of the Act. Similarly, under section 9(5) of the Act, the Collector shall also serve notice of enquiry to be held under section 11 of the Act. Provisions of section 11 of the Act are mandatory in nature and the Collector or the Acquisition Officer, is personally responsible for conducting such enquiry. Being final stage of acquisition by Collector, in pursuance of the notice under section 9(5) of the Act, the Collector has to hold enquiry with regard to measurement of land; the compensation of the land under acquisition and apportionment of the compensation amount. For invoking the penal consequences of proviso to subsection (2) of section 31, person who is alleged to have received the amount of compensation without protest would be one who knew the implication of Award under section 11 of the Act and that he had a right to claim higher compensation and seek reference to a Competent Authority/the Court. Yet, there is another aspect of the case that proviso to subsection (2) of section 31 being in nature of estoppel, barred the person raising such plea to establish before the Court necessary facts on which the rule of estoppel is to be applied, but in this case, an iota of evidence is not brought on record suggestive of the fact that the compensation was not received by the land owners under protest. In absence of any express statement by the land owners qua accepting the award or accepting the amount of compensation without protest, but applications have been made by them under section 18 of the Act with promptitude which shall be deemed as implied protest. I have noted that in acquisition cases, invariably persons interested are those who are rustic, illiterate and poor villagers' agriculturists or pardhanasheen ladies. In such a situation, the Collector is under legal obligation to apprise the persons interested of their right to have determined the amount of compensation by the Referee Court, in case they are not satisfied by the amount of compensation determined by the collector in the award. In the event of not exercising their right and agreeing to accept the award or amount without protest, an express acknowledgment must be obtained. In the case in hand, I have no hesitation to hold that the land owners, even in absence of express protest at the time of receiving compensation, are entitled to file reference under section 18(1) of the Act of 1894, as all most all the reference petitions, have been filed before receipt of compensation amount, which by itself is the best way to show the intention of the claimants to have accepted the money under protest. On the other hand, the award is silent about causing notice under sections 9 and 9(5) of the Act of 1894, much less about observing the mandatory provisions of section 11 with regard to making enquiry by the Collector.

9. In view of the above discourse it is held that since proviso to subsection (2) of section 31 as well as the entire Act of 1894, does not provide any particular mode, manner and method of protest by a claimant at the time of receipt of amount of compensation, awarded under section 11 of the Act of 1894, hence, the protest can be made either in writing or through reference under section 18 of the Act of 1894 within prescribed period of limitation. It is to be kept in mind that for interpretation of Statute there are settled rules/principles some of which are old as hills are and one of such principles is that the Statute be interpreted in a manner to advance the cause of justice by making it workable, practicable and harmonious so that mischief is avoided as for as possible. Such interpretation would also make the system of justice to sail smoothly without any unnecessary obstruction. Keeping in mind the aforesaid principle of interpretation of Statute and going to the provision quoted above, the claimant may receive the amount of compensation under protest orally and the oral protest while receiving the compensation shall not disentitle the claimant from making any application for reference under section 18 of the Act of 1894.

10. In this case, on court direction Register Qabz-ul-Wasool was produced by the respondents, perusal of which reveals that some of the land owners have received the amount/compensation underwritten protest while some without any written protest. No date has been mentioned in the Register as to on which date the amount had been received by the land owners. However, learned counsel for the respondents admitted that the amount of compensation is being received by the land owners after making the Reference and some during pendency of the instant appeal while some have even not yet received the same. One thing which does appeal to a prudent mind is that if the land owners had no objection over the compensation and they have received the compensation without any written protest, then question arises as to why they have questioned the Awards by filing Reference petitions on 17.04.2011 well within the stipulated period of issuance of notice under section 12 sub-section (2) of the Act, as provided under section 18 of the Act ibid. The Awards had been announced on 24.09.2011. Filing of Reference Petitions by the land owners on 17.04.2011 is sufficient proof of their implied protest against the market price determined by the collector. So it would not make any difference that the land owners had not mentioned their written protest on the Register (Qaz-ul-Wasool). Besides, when the law does not prescribes any particular mode of protest then the oral protest or reference petition in my opinion, is a valid protest under law and would be sufficient to entitle the land owner to file reference petition under section 18 of the Act of 1894.

11. Yet there is another aspect that some of the land owners have received the amount under protest and if this Court treat their reference petitions competent and reaches to a certain conclusion that would have strong bearing on the status of the land owners who have not made written protest as under Article 25 of the Constitution alike shall be treated alike. In this view of the matter, the land owners who have not made written protest shall also be entitled to the same relief. Moreover, the land owners have received the amount after filing of the reference petitions and the reference petitions wherein the Awards have been questioned are sufficient proof of their protest. In view of the above, the legal objection agitated by learned counsel for the respondents department is hereby turned down.

12. Coming to merits of the case, the respondents department has not questioned title of the land owners with regard to land compulsorily acquired from their possession, therefore, the only question for determination is what should be the fair market price payable to land owners by the acquiring Department. It appears from the Awards that market price of the acquired lands has been assessed and determined by the Land Acquisition Collector on the sole criteria of one year average and this fact has also been categorically mentioned in the Awards. Admittedly, exercise of determination of market price of the land on the basis of one year average is squarely against the principles laid down by the Hon'ble Supreme Court in case of "Murad Khan through his widow and 13 others v. Land Acquisition Collector, Peshawar" (1999 SCMR 1647), wherein it has been held that one year average cannot be the sole criteria for determination of market value, rather material available on file would be quite relevant to evaluate the amount of compensation. The Hon'ble apex Court has emphasized that the best method to work out the market value is the practical method of prudent mind laid down under Article 2 of the Qanun-e-Shahadat Order, i.e. to examine and analyze all the material and evidence available on the point and determination of price which a willing purchaser would pay to the willing seller.

13. Though, expression "market value" has not been defined by Act of 1894, however, in Abdul Waheed's case (1986 MLD 381), it has defined and interpreted by the Hon'ble apex Court, in the following words:- "Phrase "market Value" of the land as used in section 23 (A) of the Act means "value to the Owner" and therefore, such value must be the basis for determination of compensation. The standard must be not, subjective standard but an objective one. Ordinarily, the objective standard would be the price but owner willing and not obliged to sell might reasonably expect to obtain from a willing purchaser. The property must be valued not only with reference to its condition at the time of the determination but its potential value must be taken into consideration."

14. In support of their claim, the land owners produced Patwari Halqa Mera Jalozai as PW.1, who produced Fard Jamabandi (Exh.PW.1 /1) for the year 2009-2010, in respect of Khasra numbers mentioned in the Awards. According to aforesaid revenue record the nature of the acquired land at the time of acquisition was Banjar Qadeem, Barani, Ghair Mumkin Abadi/Mohajer Camp, Dagoba and Abadi. PW.1 also produced Naqsha Tasweeri (Exh.PW.1/2). Moharrir Sub-Registrar, Nowshera appeared while appearing as PW.2 produced No.470 Bahi No. 1, volume No.236 attested on 19.07.2005 (Exh.PW.2/1), according to which one Mst. Shah Paristan has sold 01 Kanal and 10 Marlas land against sale consideration of Rs.9,00,000/- in Moza Jalozai in Khasra No.470. Assistant District Kanoongo while appearing as PW.3, produced mutations Nos.5173, 5174, 5175 attested on 25.03.2008, mutations Nos.5185 and 5186 attested on 28.03.2008, mutation No.5225 attested on 06.05.2008, mutations Nos. 5241, 5249, 5276, 5303/1 attested on 22.08.2008, mutations Nos. 5329, 5330 attested on 09.09.2008, mutation No.5143 attested on 22.02.2008, mutations Nos. 5342, 5343 attested on 19.09.2008, mutation 5248 attested on 20.05.2008 (Exh.PW.3/1 to Exh.PW.3/16). Collector Land Acquisition Provincial, Housing Authority, KPK, while appearing as PW.4 produced the impugned Awards which are Exh.PW.4/1 (09 pages).

15. The land owners while appearing in the witness box deposed that price of the acquired land fixed by the Collector Land Acquisition PHA, is much less than the actual market price of the lands in the same Moza. They deposed that in fact their lands were of high potential and commercial in nature, surrounded by metal pubbi Cherat road, Warsak Gravity Canal, Engineering University, Industrial Estate Jalozai and Science and Technology Park Jalozai and due to development and improvements by various Departments in the vicinity, value of the acquired had been raised to high level and at the time of Award its market price was not less than Rs. 1,00,000/- per marla.

16. In rebuttal Patwari Halqa Mera Jalozai was produced, whose statement was recorded as RW.1. He produced one year average since 15.03.2008 to 15.03.2009 and mutations attested during this period. According to him the price of the land was determined on the basis of said mutations/transactions struck. The land Acquisition Collector appeared as RW.2. He deposed that after fulfilling all legal requirements and considering the nature of the lands and revenue record the Awards were announced.

17. To ascertain the exact location, potentiality and future prospect of the acquired land for the purpose of assessment of the fair market value, a panel of Advocates, namely, Kifayat Ali, Aftab Khan, Arshad Samad and Mr. Shah Nofal Advocates were appointed as local commission. They visited the spot and submitted report as Exh.CW.1/1. According to report commission, the acquired land is located at some distance from Cherat road and main GT road surrounded by University of Engineering and Technology, proposed Abdul Wali Khan University, ISI colony as well as other private colonies and shops. Besides, Mohajir Camp was established on the acquired lands where IDPs used to so civic facilities like electricity, telecommunication, Sui Gas and mobile phone Towers were available in the vicinity of the acquired land. The evidence of the land owners and statement of local commission with regard to availability of the civic facilities and higher potentiality of the acquired land, has not been shattered by the respondents.

18. Besides, the land had been acquired by the Provincial Housing Authority for Housing Scheme for government employees and general public. The respondents have prepared Broacher/catalogue and published the same. The land owners in their evidence have produced Broacher as Exh.PW.5/2 wherein price of 25 x 54 feet land has been fixed as Rs.5,92,000/-. Though this fact cannot be ignored that the Provincial Housing Authority has invested a huge amount on development of the acquired land and would invest more in the future for its further development but the price fixed in the Broacher is also one of the relevant factor to be kept in mind while determining the market price of the acquired land. The price of the acquired land has been determined by the land Collector on the basis of mutations/ transaction struck in the year i.e. 2008-2009. This court is also mindful of the fact that in sale transaction people do mention less prices in mutations so as to avoid payment of taxes. Besides, the District Officer Revenue Nowshera has also issued revised valuation table vide notification dated 03.07.2009, for the purpose of stamp duty/mutation fee/ registration fee wherein in Moza Jalozai Mera, rate of per marla Barani land is Rs.8000/-, Banjar Qadeem Rs.7000/-, Gher Mumkin Abadi Rs.7000/- Dagoba Rs.7000/- and Abadi Rs.6000/-. Jahan Shah ADK Nowshera (CW.5), has admitted aforesaid value for the year 2009 to 2011. Admittedly, the award has been finally announced in the year 2011. So the rate mentioned in the aforesaid notification, if taken into consideration, then admittedly, the market price of the acquired land has not been properly assessed by the Collector. Sufficient evidence is available on file to prove that the acquired land is situated in mid of main GT and Cherat roads. On either side of the road, shops are located. The acquired land is surrounded by Universities, ISI Office and Housing Societies which fact has not been rebutted by the respondents. It has been admitted by the respondents in their evidence that Afghan Refugee camp was established on the acquired land since 1979 till 2007 and due to this reason no sale transaction was effected during this period. The respondents have further admitted existence of Cherat road and Universities namely, Abdul Waki Khan University and proposed University of Science and Technology adjacent to the acquired land.

19. Above all, in this case notification under section 4 of the Act of 1894, was initially issued on 29.09.2008. The same notification was then issued for the second time on 16.03.2009, whereas the Awards were announced on 24.09.2011 i.e. after about 03 years. The price mentioned in the aforesaid two notifications is different. In the second notification the proposed price is high than the first notification, meaning thereby that with the passage of time, the market price of the acquired land has exceeded almost to double. In this view of the matter escalation in the price of rate during such time is an admitted factor.

20. The learned Referee Court while taking into consideration the available evidence led by the parties coupled with all relevant factors necessary for determination of the fair market price as well as the second notification wherein escalation prices of land has been shown after passage of time, has rightly determined the market price of the acquired land as follow:- Barani Rs. 10,000/- per marla. Banjar Qadeem Rs. 11,000/- per marla Gher Mumkin Abadi Rs.7,000/- per marla Dagoba Rs.32000/- per marla Abadi Rs. 17,000/- Per marla The impugned judgment being well reasoned and based on proper appreciation of evidence and law on the subject settled by the Hon'ble Apex Court, is not open to any interference by this Court.

21. Resultantly, the appeals of the parties, being devoid of force are hereby dismissed. ZC/364/P Appeals dismissed.