1998 PLP 1075 (MLD)

HAMID SAEED MALIK, J.

Land measuring 19 Kanals, 17 Marlas situated on the main Mardan-Nowshera Highway, belonging to the appellants Muhammad Iqbal Khan etc. was acquired by the Collector Land Acqui6ition through Award No.4 dated 20-2-1994 for the construction of bridge over Kalpani Nalla at Chowkai. Dissatisfied with this award the said appellants Muhammad Iqbal Khan etc. filed reference No.5/4 with the Referee Judge (Senior Civil Judge/Judge Land Acquisition, Nowshera) who after recording the evidence of the parties as they wished to adduce, enhanced the market value of the acquired land fixed by the Collector at Rs.12,592 per marla to Rs.20,000 per marla. The Referee Judge also granted a decree for 15 % compulsory acquisition charges as well as simple interest at the rate of 6 per cent from 4-10-1992 till the payment of compensation amount to the appellants Muhammad Iqbal Khan etc. Not content with this judgment and decree Muhammad Iqbal Khan etc. filed Regular First Appeal No.65 of 1995 in this Court praying for enhancement of the compensation amount of the acquired land at the rate of Rs.25,000 per marla alongwith 15 per cent compulsory acquisition charges and 6 per cent simple interest thereon from the date of taking over the possession of the acquired land till the payment of compensation amount. The Government of N. W. F. P. through the Advocate-General, N. W. F. P., Peshawar also filed Regular First Appeal No.62 of 1995 praying that the order of the learned Referee Judge dated 2-5-1995 be set aside and the compensation amount determined by the Collector be declared as the market value of the acquired land.

2. As both these appeals are directed against one and the same judgment and decree of the learned Referee Judge, therefore, we propose to dispose them of through this single judgment in R.F.A. No.65 of 1995.

3. We have heard the learned counsel for the parties and with their assistance have also gone through the evidence on record.

4. It is an admitted fact that the acquired land is situated on the main Mardan-Nowshera Highway which is amidst the Abadi and is surrounded by locomotive factory, Petrol Pump, brick-kiln and shops, therefore the land subject-matter of the acquisition is commercial in nature and of high potential value. It is equally an admitted fact, which is borne out from the evidence on record that the land was acquired in 1993 whereas the Referee Judge while enhancing the market value from Rs.12,592 to Rs.20,000 has taken into consideration only one Mutation No.2520 attested on 10-1-1993, copy EXh.P.W.I/1. Moreover, the Referee Judge has not cared to have inspected the site of the land, which is, admittedly, in front of the locomotive factory as well as A other Abadi, either himself or by appointing a local commissioner in this behalf. The learned referee Judge has discussed certain sale transactions which are in respect of constructed shops, therefore, he was not legally correct in comparing the price of the constructed premises with the acquired land. What would be the actual and correct price of the acquired land one year preceding the issuance of the Notification under section 4 would have been properly determined only if the Referee Judge has attempted to reach at a just and fair conclusion either by inspecting the spot himself or by getting a report of a local Commissioner so appointed in this behalf. Faced with this situation. We have no option but to set aside the judgment and decree of the learned Referee Judge dated 2-5-1995 and remand the case back to him to decide it afresh keeping to view the above observations of this Court. Both the appeals are accordingly disposed of with no order as to costs. The referee Judge is directed to summon the parties after receipt of the record. A.A./2256/P Case remanded.