2006 PLP 1696 (MLD)

SYED SAKHI HUSSAIN BOKHARI, J.

This appeal is directed against the judgment, dated 20-12-2000 passed by the learned Senior Civil Judge, Gujranwala whereby reference under section 18 of Land Acquisition Act was decided and compensation for the land owned by appellants was enhanced from Rs.613.81 to Rs.1000.00 per marla.

2. Relevant fact for the disposal of this appeal are that respondent No.2 (National Highway Authority) acquired land owned by appellants for construction of Additional Carriageway as part of Gujranwala-Kharian Highway section of M-5 and notification under section 4 of Land Acquisition Act was published on 14-6-1987 while award was made on 19-5-1992 and compensation of land was assessed at the rate of Rs.613.81 per marla. The appellants filed reference against the said award and stated that land in question was commercial and its value was more than Rs.1,00,000 per marla, therefore prayed for enhancement of the compensation. The respondents filed written reply whereupon learned trial Court framed following issues. Issues: (1) Whether the reference is not maintainable being time-barred? OPP (2) Whether the petitioners are estopped by their act and conduct to file this reference? OPR (3) Whether the reference is not maintainable it its present form? OPR (4) Whether the petitioners are entitled to the enhanced rate of compensation, if so, to what extent? OPA (5) Relief. The appellants produced evidence in support of their version but respondents failed to produce evidence, therefore, their evidence was closed. After hearing the parties learned trial Court enhanced the compensation to Rs.1000 per marla vide judgment, dated 20-12-2000. Hence this appeal.

3. We have heard the arguments and perused the record.

4. As mentioned above respondents had acquired the land owned by appellants and they were allowed compensation @ Rs. 613.81 per marla as per award, dated 19-5-1992. However learned trial Court awarded them Rs.1000 per Marla. The appellant examined Hamid Amin Patwari as A.W.1. He stated that he had seen disputed khasra number. He also produced average sale price plan Exh.A-1. According to Exh. A-1 its average sale price is Rs.5951.67. The witness deposed that suit-land was not agricultural and that there was Judicial Colony opposite the suit-land. He further deposed that there were offices of Property Dealers and Grid Station around the suit property. Iftikhar Ahmad, appellant appeared as A. W.2 and stated that compensation awarded to them was not correct. He further stated that at the time of acquisition value of the suit-land was Rs.1,00,000 per marla. He deposed that there were residential quarters and Grid Station towards East and WAPDA Town towards its West. The appellant stated that suit-land was commercial and residential. A.W.3 Tanvir Anwar also corroborated his statement. The statements of A.W.1. to A.W.3. are convincing and confidence-inspiring. It is clear from the statements of. said witnesses that WAPDA Town, Gride Station and Judicial Colony are near the suit-land and that the same is adjacent to metalled road. As such compensation awarded by Collector vide award, dated 19-5-1992 was not proper. The appellants have placed on record notification. (Exh.A.21) issued by District Collector/Deputy Commissioner, Gujranwala and according to this notification Collector/ Deputy Commissioner had fixed the price of land in various areas and localities in Gujranwala District. According to Exh.A.21 in village Theri Sansi (where suit-land is situated) price of land not exceeding 10 Marlas was Rs.5750 per Marla whereas price of land exceeding 10 Marlas was Rs.4600 per Marla. As such compensation allowed by learned trial Court to appellants was also not proper. As mentioned above suit-land is surrounded by residential Colonies and is adjacent to metalled road, therefore, we find that it is a fit case for enhancement of compensation. Even otherwise respondents have failed to produce any evidence in rebuttal. So compensation is enhanced upto Rs.3000 per Marla. As such this appeal is partly accepted and now appellants would be entitled to get Rs.3000 per marla as compensation of their land. Disposed of accordingly. No order as to costs. M.L/I-15/L Appeal party accepted