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Regular First Appeal No.158 of 1982, decided on 2nd May, 1987.

---S.4--Acquisition of land--Award--Market price--Land in dispute existing in one compact block and having depth of three Killas with same soil and source of irrigation--Collector, however, dividing land into four parts for purpose of determining its value and his award not spelling out any rational basis on which value of each strip was fixed--Certain factories and their offices according to appellant's own showing existed close to land in dispute and Abadi was fast developing and approaching disputed land--Property being on main road had commercial potential also--Held, trial Court rightly fixed price of land in dispute at market value and his order enhancing award amount, given by Collector, according to market value unexceptionable in circumstances.

Malik Abdul Qayyum v. Punjab Province N L R 1979 Revenue 19 rel.

Syed Iftikhar Ahmad for Appellant. Sheikh Naveed Shehryar for Respondent.

Nemo for Respondents Nos.1, 3 and 4.

Date of hearing: 2nd May, 1987.

--This appeal is directed against the judgment of the learned Senior Civil Judge, Gujrat, dated the 30th July, 1981, whereby the amount of compensation determined by the Collector, respondent 4, by his award of the 9th January, 1978, for acquisition of respondents 1 to 3's 132 kanals 4 marlas of the land in dispute, situate in the area of Saroki estate, tehsil and district Gujrat, was enhanced. The land was acquired by the Government for Pakistan Tobacco Board, appellant, for the purpose of setting up Tobacco Research Centre. Notification under section 4 of the Land Acquisition Act, 1894, indicating intention of the Government to acquire the land was published on the 22nd October, 1976. The land owners, respondents 1 to 3, put forth their claim for compensation equivalent to the market value of the land at the rate of Rs.91,000 per acre. The entire land was Itaul chahi with the exception of ghair mumkin 1 kanal 7 marlas. It was one compact block situate right on Sargodha Road with depth of three killas. For assessing its market value the Collector divided it into four strips running parallel to the road and fixed the value of the strip abutting the road at the rate of fts.32,000 per acre and reduced the rats to Rs.30,000, Rs.25,000 and Rs.20,000 per acre for the second, third and fourth strip nearest the road. He gave compensation for ghair mumkin 1 kanal 7 marlas of land at the rate of Rs.6,000 per acre. For two tubewells he awarded compensation amounting to Rs.16,348 and for 111 trees Rs.3,450. Damage for displacement, etc., caused to land owners in terms of money was determined at Rs.2,000. The perusal of the award does not disclose what firm criterion the Collector followed to calculate the market value of the land in dispute.

2. Being dissatisfied with the award respondents 1 to 3 applied to the Collector for referring the matter for determination of the Court. The learned trial Court, after taking into consideration the average of the sale prices of various pieces of land lying in close vicinity of the land in dispute as also of the sale prices of lands sold in the entire estate and striking the mean between the two on the line taken in Mali Abdul Qayyum v. Punjab Province [N L R 1979 Revenue 19], worked out the market value of the land in question at the rate of Rs.49,985.50 per acre for the purpose of awarding compensation to the land owners. Feeling aggrieved Pakistan Tobacco Board has approached this Court in appeal.

3. The land being in one compact block and having the maximum depth of no more than 3 killas with the same soil and source of irrigation its value ought to have been assessed at the uniform rate. The process of dividing it into four parts for the purpose of determining its value adopted by the Collector appears to be rather unnatural. The Collector's award does not spell out any rational basis on which value of each strip was fixed. The prices of various pieces of land situate just near the land in dispute and whose sales were affected near about the time of acquisition are detailed in the judgment of the learned trial Court. Their genuineness is not disputed by the appellant. The average price comes close to the claim of the land owners. It is in the appellant's own evidence that before the acquisition tobacco factories and offices of tobacco companies existed close to the land in dispute and Abadi of Kunjah was fast developing and approaching the disputed land. Being on Sargodha Road it had commercial potential. Therefore, the learned trial Court was quite justified in fixing the market value of the land at Rs.49,985.50 per acre. The increase ordered by the learned Court is not on the high side. We do not feel inclined to disturb it. The appeal is without any force and is dismissed with costs.

M.Y.H./P-21/L Appeal dismissed.

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