2025 PLP 1748 (MLD)

Abid Hussain Chattha, J.

This Appeal under Section 54 of the Land Acquisition Act, 1894 (the "Act") is directed against the impugned Judgment and Decree dated 22.04.2019 passed by Senior Civil Judge (Civil Division), Lahore, whereby, while accepting the reference under Section 18 of the Act of the Respondent, the Referee Court modified the award in terms that the compensation of Rs. 20,625/- per Marla was enhanced to Rs. 50,000/- per Marla along with 15% compulsory acquisition charges and 8% per annum compound interest from the date of taking possession till payment of compensation amount.

2. Precisely, the land of the Respondent measuring 06-K-16-M, 07-K-08-M and 08-K was acquired in Mouza Attari Saroba, Tehsil Cantt, District Lahore under the provisions of the Act at the behest of Building Department for establishment of Sports Complex Near Ayeshiana Housing Scheme, Lahore. After following the due process of law, Award No. 5/2011 dated 20.07.2011 was rendered determining compensation in favour of the Respondent as stated above. Being dissatisfied from the same, the Respondent claimed that his acquired land is situated within the territorial limits of Lahore Metropolitan and had acquired urban characteristics inasmuch as the surrounding lands are being used for residential purposes. As such, while determining the market value of the acquired land, the market and potential value has not been duly considered. Even, as per evaluation table maintained by Deputy Commissioner, the rate is Rs. 100,000/- per Marla although the market price is about Rs. 200,000/- per Marla.

3. Appellant No. 3 did not controvert the stated facts on merits, whereas, Appellants Nos. 1 and 2 appeared through their counsel but their right to file written reply to the reference was closed vide order dated 02.07.2014. Later, during the course of proceedings, no one appeared on behalf of Appellants Nos. 1 to 3 who were proceeded ex-parte on 27.06.2018, accordingly. Thereafter, ex-parte evidence of the Respondent was recorded and reference was decided in terms stated above.

4. Learned Law officer submitted that the impugned Judgment and Decree is in violation of Sections 23 and 24 of the Act; the compensation was not adequately determined; and the Appellants have been knocked on technical grounds on account of failure to tender their evidence.

5. Conversely, learned counsel for the Respondent submitted that although the market and potential value of the acquired property is much more than what has been awarded by the Referee Court yet the Respondent accepted the same in order to receive timely compensation which has yet not been paid to him and that irrefutable evidence was brought on record to demonstrate the true market and potential value of the acquired land which could not be rebutted by the Appellants, therefore, the impugned Judgment and Decree is liable to be maintained.

6. Arguments heard. Record perused.

7. It is evident from record that the Respondent has brought convincing and irrefutable evidence to demonstrate the true market and potential value of the acquired land. The Appellants have failed to produce any evidence to rebut the same. It was unequivocally established that the acquired land is situated within the territorial limits of Lahore Metropolitan and had acquired urban features as the surrounding lands are being used for residential purposes.

8. The Referee Court aptly deciphered the evidence of the Respondent and relied upon the relevant evidence pertaining to the period when the land was acquired to opine that although the land was agricultural at the time when it was so acquired yet its potential value was not kept in mind while making the final assessment, as such, enhanced the due compensation to Rs. 50,000/- per Marla against the claim of Rs. 200,000/-per Marla as claimed by the Respondent. Reliance is placed on case titled, "Federal Government of Pakistan through Ministry of Defence Rawalpindi and others v. Mst. Zakia Begum and others" (PLD 2023 Supreme Court 277).

9. In view of the above, this Appeal is devoid of any merit and the same is hereby dismissed. MQ/P-10/L Appeal dismissed.