National Highway Authority Versus Jaffar Ali Shah
Asim Hafeez, J .--- The judgment impugned through this Regular First Appeal is also under challenge through RFAs. Nos.25/2019, 241/2018 and 242/2018 - last of the two appeals are cross-appeals by the landowners / interested persons seeking compensation against acquisition of their land / properties. Dispute is regarding determination of fair compensation. Project is relating to the widening/improvement of old Shujabad road from Double Phattak to Nag Shah, Multan. In terms of award dated 16.05.2012, the compensation for land in question was declared at Rs.450,000/- per Marla. Aggrieved, the landowners / persons interested adopted remedy provided under section 18 of the Land Acquisition Act, 1894. Court, upon conclusion of trial, determined potential value of land at Rs.5,000/- per Marla paragraph 29 of consolidated judgment dated 17.09.2018. Reliance was placed on Ex.A.1, which is Notification dated 28.06.2011. I have examined the document but find it difficult to connect determined potential value of land of Rs.5,000/- per Marla to the entry in Notification. It is strange that compensation declared through award was Rs.450,000/- per Marla and Referee Court determined potential value at Rs.5,000/- per Marla, which present ludicrous situation. It is nobody's case that any typographical or arithmetical mistake or inadvertent omission occurred while passing the judgment impugned none of the parties have had filed any application with the referee court in this behalf. Learned counsel when asked mutedly responded that matter has to be remanded for determination of quantum of compensation, only option to resolve the conundrum. No further discussion is required to avoid any prejudice to the claims of the parties - in all four appeals.
2. In view of the aforesaid, appeals are allowed and judgment of 17.09.2018 is set aside and matter is remanded to referee court for determination of the amount of compensation of the land in question in light of the evidence recorded and available. It is expected that matter would be decided within three months from the date of this judgment. No order as to the costs.
MQ/N-26/L Case remanded.