2011 MLD 560 (PLP)

ATTAULLAH KHAN J.

This regular first appeal is directed against the judgment dated 7-7-2009 passed by the learned Judge Acquisition/Senior Civil Judge D.I. Khan, whereby on acceptance of reference petition of the appellants, the compensation of their acquired land was enhanced to Rs. 1500 per kanal.

2. Briefly stated facts of the case are that the suit land of the appellants was acquired by the respondents through Award No.70 dated 14-10-2003 for the construction of Main Canal CRBC Stage-III WAPDA ` D.I. Khan at the rate of Rs. 600 per kanal.

3. Feeling aggrieved, the appellant assailed the same through a petition before the Referee Court which was accepted and the price of the acquired land was enhanced to Rs. 1200 per kanal vide judgment and decree Mentioned above. Still not satisfied, the appellants have questioned the said verdict of the Referee Court through the instant appeal and prayed for adequate enhancement of the suit-land.

4. Learned counsel for the appellants argued that the learned trial Judge has not taken into consideration the evidence produced by the appellants which was necessary for assessment of the market value of the suit property. He submitted that the appellants have produced one yearly averages Exh. P. W.3/2 and Exh. P. W.3/4, according to which the market value of the suit land comes to Rs.11,731.60 and Rs. 2,497.57 respectively.

5. On the other hand, counsel for the respondents opposed the aforesaid arguments and stated that the amount assessed by the trial Court is correct and the appellants have failed to produce any cogent evidence for the enhancement.

6. I have carefully perused the record and considered the submissions of the learned counsel for the parties.

7. The impugned judgment reveals that the learned trial Court has relied upon the contents of the Award No.70 Exh.P.W.1/1 and letter No.224/CRBC dated 8-6-2002 issued by the District Officer Revenue and Estate in the name of Land Acquisition Collector CRBC Project WAPDA D.I.Khan whereby market value of the suit-land is mentioned as Rs. 1500 per kanal. The record further reveals that the Collector determined market price of the suit property at Rs. 600 per kanal which was based on one yearly average. The contents of said Award No.70 Exh.P.W.1/1 reflects a fact that an amount of Rs.1500 was fixed by the Collector in view of the prevailing market rate in the area.

8. In the evidence, the plaintiffs/appellants through Patwari has produced two one yearly averages, pertaining to the year 2003-2004 as Exh.P.W.3/2 and Exh.P.W.3/4 respectively. According to the average of Exh.P.W.3/2, the average price assessed per kanal comes to Rs.11731.60, while according to the other average Exh.P.W.3/4, the average price has been assessed as Rs. 2497.57 per kanal.

9. As far as the former is concerned, it relates to village 'Bhair' which is different from the village wherefrom the suit property has been acquired. The suit property relates to village 'Charri Bhair'.

10. So in my opinion, the one yearly average Exh.P.W.3/4 is relevant in this case, according to which the market 'value of the suit property has been fixed as Rs. 2,497.57 per kanal.

11. Keeping in view the circumstances and evidence on record, I prefer the one yearly average Exh.P.W.3/4 according to which the average price of the suit land has been determined as Rs. 2497.57. So I fix this amount as the market value of the suit-land.

12. The result of my above discussion is that I accept this appeal, set aside the impugned judgment and decree and enhance the market value of the suit land from Rs.1500 to Rs.2,497.57 per kanal. Parties are left to bear their own costs. S.A.K./15/P Appeal accepted.