1999 PLP 2668 (MLD)

Date of hearing: 14th December, 1998 Arguments heard. Record of the case perused carefully

2. The learned counsel for the appellants contended that the trial Court was not justified in holding that the appellants were not entitled to the enhancement' of the compensation because prior to the present award, land, measuring 5 Kanals 11 Marlas, was acquired by the Collector out of the same Khsara (No.1228) situated in village Charsadda, vide; award dated 24-5-1980 at a higher rate. According to him the land was acquired at a lower price but the land owners objected to the award and filed objection petitions in the Court the Senior Civil Judge, Peshawar who vide: his judgment dated 17-1-1985 enhanced the compensation amount to Rs.5,000 per Marla alongwith other usual charges. Dis-satisfied with the judgment of the Senior Civil Judge, the Government of Pakistan filed a Regular First Appeal No.12 of 1985 in the High Court at Peshawar which was however, dismissed and the judgment of the Senior Civil Judge, Peshawar was maintained Vide: High Court's judgment dated 15-1-1989.

3. The learned counsel for the appellants stated that in the case in hand the land has been acquired from the same Khasra number i.e. 1228, for the same purpose by the same Department and, therefore, the appellants were entitled to be treated at par with the other owners who were awarded compensation Q Rs.5,000 per Marla. He thus attacked the verdict given by the Senior Civil Judge, Peshawar and submitted that the same was the result of non-reading/mis reading of evidence and that the appellants were accordingly entitled to get Rs.5,000 per Marla as compensation for the land so acquired. He invited my attention to the decision (R.F.A. No.12 of 1985 decided on 15-1-1989) of the Division Bench of this Court comprising of their Lordship Mr. Justice Ali Hussain Qazilbash and Mr. Justice Wali Muhammad Khan and stated that in that too the Collector had initially awarded compensation (a Rs.2073/29 per Marla which was later on enhanced to Rs.5,000 per Marla by the Senior Civil Judge. According to him in the present case too the land measuring 1 Kanal 15 Marlas was acquired for Micro Wave Station by the Micro Wave Development Telephone and Telegraph Department Peshawar, for the same purpose and from the same Khasra. i.e. 1128 (New Khasra No.1228/2). He submitted that the appellants were accordingly entitled to the same treatment i.e., to get compensation @ Rs.5,000 per Marla instead of Rs.2073/29 per Marla.

4. Confronted with this situation the learned Deputy Attorney General Mr. Shahzad Akbar Khan, Advocate, frankly conceded and rightly so that the Senior Civil Judge should have, in the circumstances, enhanced the compensation to Rs. 5,000 per Marla as his predecessor had done earlier.

5. The revenue record would show that the land now acquired is admittedly the part and parcel of the same Khasra number (1228) which was acquired earlier by the same department for the same purpose.

6. Needless to mention that lot of time has elapsed between first acquisition and the present acquisition, therefore, in my opinion, the price of the land have gone up tremendously. Resultantly the Senior Civil Judge, who had earlier enhanced the compensation from Rs.2073/29 to Rs.5,000 should have p enhanced the compensation of the land, the subject matter of the present appeal, to at-least Rs.5,000 per Marla, if not more. It appears that he has failed to apply his mind judicially and has thus committed grave irregularity.

7. Accordingly this appeal is accepted. The order of the Senior Civil Judge is set aside and the compensation of the acquired land measuring 1 Kanal 15 Marla is enhanced from Rs.2073/29 to Rs.5,000 per Marla. The appellants are also allowed 15 % acquisition charge, in addition to Rs.4000 as the compensation for the Abadi and Rs.2,232 as compensation for the trees.

8. Costs to follow the event. Q.M.H./M.A.K./242/P Appeal accepted.