Pakistan Case LawCOLLECTOR, LAND ACQUISITION, MANSEHRA and 2 others Versus KALA and others
This matter involves petitions for leave to appeal filed by the Collector, Land Acquisition, Mansehra, challenging a judgment of the Peshawar High Court, Circuit Bench, Abbottabad. The High Court had dismissed the petitioners' Regular First Appeals, affirming the findings of a Referee Judge regarding compensation for acquired land, with a minor modification granting the respondent simple interest at 6% per annum on the enhanced compensation amount from the date of possession until payment. The core legal question before the Supreme Court was whether the Referee Judge erred in determining the market value of the acquired land by relying on a specific average of land mutations (Exh. PW2/1) rather than alternative averages or previous municipal acquisition rates. Upon review, the Supreme Court found no legal flaw in the Referee Judge's assessment, noting that the judge had properly considered the evidence, the location of the land near the General Bus-Stand and cattle market, and the relevant averages. Consequently, the Supreme Court dismissed the petitions, affirming that the determination of market value based on evidence of location and comparable transactions was legally sound.
- Can a court's determination of market value for acquired land be set aside if the court considered relevant evidence regarding location and comparable mutations?
- Is a Referee Judge's reliance on a specific average of land mutations for compensation assessment legally sustainable if it is supported by the record?
- Does the appellate court have the authority to modify a compensation award to include interest on the enhanced amount from the date of possession?
WALI MUHAMMAD KHAN, J.---Collector, Land Acquisition and others, petitioners herein, through the instant Petitions Nos. 486, 488 and 489 of 1993, seek leave to appeal against the judgment dated 18-5-1993 passed by a learned Division Bench of the Peshawar High Court, Circuit Bench, Abbottabad, whereby R.FAs. Nos. 28/91, 29/91 and 30/91 respectively against the findings of a learned Referee Judge, were dismissed with the only modification that Kala respondent would be entitled to simple interest at the rate of 6% per annum on the enhanced amount from the date of delivery of possession till the date of payment of enhanced amount to him, leaving the parties to bear their own costs.
We have heard Mr. Bilal, Senior Advocate, for the petitioners, and have perused the record of the case.
The learned counsel for the petitioners referring to the three averages Exhs. PW2/1. PW2/2 and PW2/D-1 submitted that the learned Referee Judge has accepted the average Exh. PW2/1 awarding Rs,68,571.40 as compensation per Kanal which was based on only four mutations and could not be considered as proper guide for determination of the market value of the land in question. He added that according to Exh. PW2/D-1 the average worked out per Kanal was Rs,43,628.60 and according to Exh. PW2/2 it came out to be Rs,63,931.40 per Kanal. He contended that the municipal Committee had acquired land at the rate of Rs, 45,000 per Kanal vide award No, 38 dated 11-11-1984 which was more valuable as compared to the- suit land and that the Referee Judge has legally erred in assessing the value of the suit land on the basis of average Exh. PW2/1. We have gone through the available record of the case and do not find any legal flaw in the conclusion arrived at by the learned Referee Judge. He has considered the averages and also the evidence recorded in the case produced by either side and the location of the acquired land which is close to General Bus-Stand Mansehra and the cattle market.
Resultantly, finding no merit in the instant Petitions Nos. 486, 488 and 489 of 1993, the same are dismissed.
Judges on this bench
- Abdul Qadeer Chaudhry1,248 judgments
- Wali Muhammad Khan585 judgments