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SARHAD DEVELOPMENT AUTHORITY versus LAND ACQUISITION COLLECTOR/DEPUTY COMMISSIONER ABBOTTABAD


Land Acquisition Act 1894 Section 54 Civil Procedure Code (v. 1908), OXXVI, R 9 and O XLI, R 27 Constitution of Pakistan (1973), Article 185 (3) to review the appropriate compensation for the appointment of the Commission by the High Court. Clearly, beyond the capacity of the land in legitimate discrimination, there was sufficient legal justification for the appointment of a commissioner so that the value of the land acquired to determine the probable value of the land could be assessed when the court heard any matter of dispute. Deemed appropriate for clarifying or verifying any issue. O XXVI, R 9, CPC, Commissioner's terms were dismissed for the purpose required in the commissioner's terms. The purpose of the local investigation was to obtain evidence that its strange nature could be from a spot inspection. And enable them to understand correctly and review the evidence on record. The High Court did not order or permit the preparation of additional evidence, but merely directed the Commissioner to inspect and report the site. An unknown order under OXL, R27, CPC has not been specified to determine the true probable value of the land to determine the actual location of the land and such land distance from the industrial estate. The unidentified order, however, gave the impression that the appointment of a commissioner for a specific task is the equivalent of allowing additional evidence even under such matters, considering the High Court O XLI, R 27, CPC. It was permissible to pass an order for additional proofs because he deemed it appropriate to do so, so no possible discount is possible. He was fairly fair and appealed to the Supreme Court in these circumstances

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