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1
IINN TTHHEE PPEESSHHAAWWAARR HHIIGGHH CCOOUURRTT,,
PPEESSHHAAWWAARR..
[[JJuuddiicciiaall DDeeppaarrttmmeenntt]]..
Regular First Appeal No.562-P/2014
Qazi Badr-ul-Wahab and others,
Residents of District Mardan.
Appellant (s)
VERSUS
Land Acquisition Collector,
Provincial Housing Authority,
Peshawar and others.
Respondents
For Appellants :- M/S Issac Ali Qazi, M.Tariq Khan
Yousafzai, Gulzar Ahmad Khan and
Farhat Ullah Khan, Advocates.
For Respondents:- M/S Sabah ud Din Khattak, Haji
Fayaz Ali and Furqan Yousafzai,
Advocates.
Date of hearing: 05.11.2018
JUDGMENT
ROOH-UL-AMIN KHAN, J:- The Director General (DG)
Provincial Housing Authority (PHA) being in need of land
in Moza Mera Jalozai Tehsil Pubbi District Nowshera, for
public purpose, namely, “Construction of Housing Scheme
for Govt Servants and General Public” after fulfilling the
requisite formalities in terms of sections 4, 17 (4) (6) and 9
of the Land Acquisition Act, 1894, (the Act), acquired total
8905 Kanal and 10 Marla land in various Khasra numbers of
said Moza, vide Awards No.10059 to 10065 dated
24.09.2011. The Land Acquisition Collector, on the basis of
one year average worked out by the revenue staff, fixed the
following price of per marla land of different kinds, with
15% compulsory acquisition charges and 6% interest from
the date of acquisition till final payment:-
2
Name of Moza Kind of land Rate of per marla
Jalozai Mera through
notification No.919 /DRO/
Acq dated 29.09.2008
i. Barani
ii. BanjarQadeem
iii. Ghair Mumkin Abadi/
Mohajecamp
Rs.1759.26
Rs.4308.62
Rs.1895.59.
Jalozai Mera
Notification No.66/DOR/
Acq dated 16.03.2009
i. Barani
ii. Banjar Qadeem
iii. Ghair Mumkin Abadi/
Mohajer
Camp
iv. Dagoba
v. Abadi
Rs.3411.92
Rs.5625.00
Rs.1330.37
Rs.20,000
Rs.10454.54
The land owners being dissatisfied from the market price
determined by the Collector, filed Reference petitions under
sections 18 and 30 of the Act of 1894 before the learned
ADJ-V/Judge Referee Court, Nowshera on 17.04.2011
claiming therein the actual market price of the acquired land
as Rs.Rs.80,000/- per Marla.
2. When summoned, the respondents Acquiring
Department appeared before the learned Referee Court and
contested the Reference petitions by filing written statement,
raising therein variety of objections, legal as well as factual.
From controversial pleadings of the parties necessary issues
were framed, in support whereof, parties led their respective
evidence and on conclusion of trial, the learned Referee
Court, after hearing both the sides, vide consolidated
judgment dated 03.06.2014, enhanced the market price of the
acquired land as under:-
Name of Moza Kind of land Rate of per marla
Jalozai Mera
Notification No.66/DOR/
Acq dated 16.03.2009
i. Barani
ii. Banjar Qadeem
Rs.10,000
3
iii. Ghair Mumkin Abadi/
Mohajer
Camp
iv. Dagoba
v. Abadi
Rs.11,000
Rs.7,000
Rs.32,000
Rs.17000
3. The land-owners still aggrieved from the market
price determined by the learned Referee Court, have
preferred the following Regular First Appeals:-
1.RFA No.324-P/2014
Eman Ud Din.vs. Director General Provincial Housing Authority
Peshawar and others.
2.RFA No.325-P/2014
Risalpur.vs. Director General Provincial Housing Authority
Peshawar and others.
3.RFA No.326-P/2014
Sahib Shah and others.vs. Director General Provincial Housing
Authority Peshawar and others.
4.RFA No.327-P/2014
Haji Mohammad Haroon and others.vs. Director General Provincial
Housing Authority Peshawar and others.
5. RFA No.328-P/2014
Shaukat Ali and others.vs. Director General Provincial Housing
Authority Peshawar and others.
6.RFA No.329-P/2014
Khusdil Khan and others.vs. Director General Provincial Housing
Authority Peshawar and others.
7.RFA No.330-P/2014
Anar Gul and others.vs. Director General Provincial Housing
Authority Peshawar and others.
8.RFA No.331-P/2014 Mohib Ullah Khan and others.vs. Director General Provincial
Housing Authority Peshawar and others.
9.RFA No.332-P/2014
Waqif Khan..vs.. Director General Provincial Housing Authority
Peshawar and others.
10.RFA No.333-P/2014
Roshad Khan.vs. Director General Provincial Housing Authority
Peshawar and others.
4
11.RFA No.334-P/2014
Saleh Ud Din.vs. Director General Provincial Housing Authority
Peshawar and others.
12.RFA No.336-P/2014
Shafiq Ahmad and others.vs. Director General Provincial Housing
Authority Peshawar and others.
13.RFA No.337-P/2014
Irshad Ali Khan and others.vs. Director General Provincial Housing
Authority Peshawar and others.
14.RFA No.338-P/2014
Tareh Ullah and others.vs. Director General Provincial Housing
Authority Peshawar and others.
15.RFA No.341-P/2014
Sameer Khan and other ...vs. Director General Provincial Housing
Authority Peshawar and others.
16.RFA No.342-P/2014
Faizan Ul Haq and others.vs. Director General Provincial Housing
Authority Peshawar and others.
17.RFA No. 343-P/2014
Maim Ullah and others..vs. Director General Provincial Housing
Authority Peshawar and others.
18.RFA No.344-P/2014
Fazal Yazdan.vs. Director General Provincial Housing Authority
Peshawar and others.
19.RFA No.345-P/2014
Haji Saif Ullah and others.vs. Director General Provincial Housing
Authority Peshawar and others.
20.RFA No.346-P/2014
Nawab Khan.vs. Director General Provincial Housing Authority
Peshawar and others.
21.RFA No.347-P/2014
Bakhtiar and others.vs. Director General Provincial Housing
Authority Peshawar and others.
22.RFA No.348-P/2014
Zahid Gul and others.vs. Director General Provincial Housing
Authority Peshawar and others.
23.RFA No. 349-P/2014
Khaista Gul and others.vs. Director General Provincial Housing
Authority Peshawar and others.
24.RFA No. 350-P/2014
Fazal Kabeer and others.vs. Director General Provincial Housing
Authority Peshawar and others.
25.RFA No.351-P/2014
Zahid Gul and others.vs. Director General Provincial Housing
Authority Peshawar and others.
5
26.RFA No. 352-P/2014
Miraj Wali Khan.vs. Director General Provincial Housing Authority
Peshawar and others.
27.RFA No. 353-P/2014
Mst. Zar Pashan Begum and others.vs. Director General Provincial
Housing Authority Peshawar and others.
28.RFA No. 354-P/2014
Ali Haider and others.vs. Director General Provincial Housing
Authority Peshawar and others.
29.RFA No. 378-P/2014
Zafar Ali and others.vs. Director General Provincial Housing
Authority Peshawar and others.
30.RFA No.379-P/2014
Nawazish Ali and others.vs. Director General Provincial Housing
Authority Peshawar and others.
31.RFA No.380-P/2014
Miraj Begum and others..vs.. Director General Provincial Housing
Authority Peshawar and others.
32.RFA No.381-P/2014
Hashmat Khan and others.vs. Director General Provincial Housing
Authority Peshawar and others.
33.RFA No.382-P/2014
Mohammad Amir Rafique and others.vs. Director General Provincial
Housing Authority Peshawar and others.
34.RFA No.383-P/2014
Mst. Feroza begum and others.vs. Director General Provincial
Housing Authority Peshawar and others.
35.RFA No. 386-P/2014
Ha bib Ur Rehman and others..vs. Director General Provincial
Housing Authority Peshawar and others.
36.RFA No. 388-P/2014
Gul Bahadar and others.vs. Director General Provincial Housing
Authority Peshawar and others.
37.RFA No.389-P/2014
Saif Ullah and others...vs. Director General Provincial Housing
Authority Peshawar and others.
38.RFA No. 408-P/2014
Aamir Hadier and others.vs. Director General Provincial Housing
Authority Peshawar and others.
39.RFA No.411-P/2014
Mst. Zaib Un Nisa...vs. Director General Provincial Housing
Authority Peshawar and others.
40.RFA No.412-P/2014
MZst. Shamzhad Pari.vs. Director General Provincial Housing
Authority Peshawar and others.
6
41.RFA No.419-P/2014
Afsar Ali and others.vs. Director General Provincial Housing
Authority Peshawar and others.
42.RFA No.420-P/2014
Walizar and others.vs. Director General Provincial Housing
Authority Peshawar and others.
43.RFA No. 422-P/2014
Guldaraz Khan and others.vs. Director General Provincial Housing
Authority Peshawar and others.
44.RFA No.423-P/2014
Tariq Kamal and others.vs. Director General Provincial Housing
Authority Peshawar and others.
45.RFA No. 452-P/2014
Kifayat Ali through Legal Heirs and others.vs. Director General
Provincial Housing Authority Peshawar and others.
46.RFA No.453-P/2014
Shah Zaman Khattak and others.vs. Director General Provincial
Housing Authority Peshawar and others.
47.RFA No.455-P/2014
Qazi Atta Ul Haq and others .vs. Director General Provincial
Housing Authority Peshawar and others.
48.RFA No.464-P/2014
Wadan Khan and others .vs. Director General Provincial Housing
Authority Peshawar and others.
49.RFA No.472-P/2014
Saif Ul Malook and others.vs. Director General Provincial Housing
Authority Peshawar and others.
50.RFA No.474-P/2014
Siraj Gul and others.vs. Director General Provincial Housing
Authority Peshawar and others.
51.RFA No. 485-P/2014
Dilawar Khan and others.vs. Director General Provincial Housing
Authority Peshawar and others.
52.RFA No.486-P/2014
Abdul Nawab and others.vs. Director General Provincial Housing
Authority Peshawar and others.
53.RFA No.487-P/2014
Saida Khan and others.vs. Director General Provincial Housing
Authority Peshawar and others.
54.RFA No.488-P/2014
Fazal Akbar and others.vs. Director General Provincial Housing
Authority Peshawar and others.
55.RFA No.492-P/2014
Dost Mohammad and others.vs. District Officer Revenue & Estate/
Collector Land Acquisition Nowshera and others.
7
56.RFA No.493-P/2014
Khalid Zada and others.vs. Director General Provincial Housing
Authority Peshawar and others.
57.RFA No.504-P/2014
Zuylqadar.vs. Director General Provincial Housing Authority
Peshawar and others.
58.RFA No.511-P/2014
Haji Yousaf Khan and others.vs. Director General Provincial
Housing Authority Peshawar and others.
59.RFA No.517-P/2014
Mohammad Hamayun and others.vs. Director General Provincial
Housing Authority Peshawar and others.
60.RFA No.518-P/2014
Sardar Ali and others.vs. Director General Provincial Housing
Authority Peshawar and others.
61.RFA No.541-P/2014
Gulzar Ahmad Khan and others.vs. Director General Provincial
Housing Authority Peshawar and others.
62.RFA No.542-P/2014
Shah Nawaz Khan and others.vs. Director General Provincial
Housing Authority Peshawar and others.
63.RFA No.559-P/2014
Taj Umar Ali Khan and others.vs. Director General Provincial
Housing Authority Peshawar and others.
64. RFA No.561-P/2014
Bahkhtiar Ul Haq and others.vs. Director General Provincial
Housing Authority Peshawar and others.
65.RFA No.563-P/2014
Mir Ahmad Khan and others.vs. Director General Provincial
Housing Authority Peshawar and others.
66.RFA No.565-P/2014
Riaz Ul Haq and others.vs. Director General Provincial Housing
Authority Peshawar and others.
67.RFA No.566-P/2014
Niaz Mohammad and others.vs. Director General Provincial Housing
Authority Peshawar and others.
68.RFA No.87-P/2015.
Lal Zada..vs..Director General Provincial Housing Authority
Peshawar and others.
69.RFA No.200-P/2018
Mst. Natasha and others..vs..Director General Provincial Housing
Authority
70.RFA No.572-P/2014
Mohammad Azam Khan…vs…Director General Provincial Housing
Authority Peshawar and others.
8
71.RFA No.321-P/2014
Mohammad Aslam and others..vs..Director General Provincial
Housing Authority Peshawar and others.
72.RFA No.322-P/2014
Muslim Shah and others..vs..Director General Provincial Housing
Authority Peshawar and others.
73.RFA No.323-P/2014
Hussain Khan and others..vs..Director General Provincial Housing
Authority Peshawar and others.
74.RFA No.339-P/2014
Zar Ali Khan and others..vs..Director General Provincial Housing
Authority Peshawar and others.
75.RFA No.340-P/2014
Hameed Ullah and others..vs..Director General Provincial Housing
Authority Peshawar and others.
76.RFA No.355-P/2014
Biradar Khan..vs..Director General Provincial Housing Authority
Peshawar and others.
77.RFA No.387-P/2014
Shahzada and others..vs..Director General Provincial Housing
Authority Peshawar and others.
78.RFA No.417-P/2014
Mohammad Qasim Khan and others..vs..Director General Provincial
Housing Authority Peshawar and others.
79.RFA No.421-P/2014
Nizam Ali and others..vs..Director General Provincial Housing
Authority Peshawar and others.
80.RFA No.424-P/2014
Mst. Saba Gul and others..vs..Director General Provincial Housing
Authority Peshawar and others.
81.RFA No.426-P/2014
Fida Mohammad and others..vs..Director General Provincial
Housing Authority Peshawar and others.
82.RFA No.428-P/2014
Dildar Khan Khattak..vs..Director General Provincial Housing
Authority Peshawar and others.
83.RFA No.429-P/2014
Fazal Mabood and others..vs..Director General Provincial Housing
Authority Peshawar and others.
84.RFA No.430-P/2014
Mst. Zahin Pari..vs..Director General Provincial Housing Authority
Peshawar and others.
85. RFA No.431-P/2014
Abdur Rashid..vs..Director General Provincial Housing Authority
Peshawar and others.
9
86. RFA No.432-P/2014
Haji Mohammad Sair Khan and others..vs..Director General
Provincial Housing Authority Peshawar and others.
87.RFA No.433-P/2014
Sardar..vs..Director General Provincial Housing Authority Peshawar
and others.
88. RFA No.434-P/2014
Rowaidar Khan ...vs...Director General Provincial Housing
Authority Peshawar and others.
89. RFA No.435-P/2014
Khalil Jan..vs..Director General Provincial Housing Authority
Peshawar and others.
90. RFA No.436-P/2014
Said Wali Shah and others..vs..Director General Provincial Housing
Authority Peshawar and others.
91. RFA No.437-P/2014
Haji Azam Khan and others..vs..Director General Provincial
Housing Authority Peshawar and others.
92. RFA No.438-P/2014
Intizar Mohammad and others..vs..Director General Provincial
Housing Authority Peshawar and others.
93. RFA No.439-P/2014
Tafoor Rehman and others..vs..Director General Provincial Housing
Authority Peshawar and others.
94. RFA No.440-P/2014
Haji Barkat Shah and others..vs..Director General Provincial
Housing Authority Peshawar and others.
95. RFA No.441-P/2014
Pervez Khan and others..vs..Director General Provincial Housing
Authority Peshawar and others.
96. RFA No.442-P/2014
Muzafar Hussain and others..vs..Director General Provincial
Housing Authority Peshawar and others.
97. RFA No.443-P/2014
Tafoor Rehman and others..vs..Director General Provincial Housing
Authority Peshawar and others.
98.RFA No.444-P/2014
Sheraz Ahmad and others..vs..Director General Provincial Housing
Authority Peshawar and others.
99. RFA No.447-P/2014
Ahmad Ali and others..vs..Director General Provincial Housing
Authority Peshawar and others.
100. RFA No.448-P/2014
Ijaz Ali Khan and others..vs..Director General Provincial Housing
Authority Peshawar and others.
10
101. RFA No.456-P/2014
Mst. Razia Begum and others..vs..Director General Provincial
Housing Authority Peshawar and others.
102. RFA No.462-P/2014
Fazal Shah..vs..Director General Provincial Housing Authority
Peshawar and others.
103. RFA No.463-P/2014
Noor Ullah and others..vs..Director General Provincial Housing
Authority Peshawar and others.
104.RFA No.465-P/2014
Naseem Khan and others..vs..Director General Provincial Housing
Authority Peshawar and others.
105. RFA No.466-P/2014
Sher Man Shah and others..vs..Director General Provincial Housing
Authority Peshawar and others.
106. RFA No.467-P/2014
Noor ul Baswar and others..vs..Director General Provincial Housing
Authority Peshawar and others.
107. RFA No.468-P/2014
Farman Gul and others..vs..Director General Provincial Housing
Authority Peshawar and others.
108. RFA No.469-P/2014
Abdul Mateen..vs..Director General Provincial Housing Authority
Peshawar and others.
109. RFA No.470-P/2014
Fazal-e-Hadi and another..vs..Director General Provincial Housing
Authority Peshawar and others.
110. RFA No.471-P/2014
Nemat Khan and another..vs..Director General Provincial Housing
Authority Peshawar and others.
111. RFA No.473-P/2014
Qazi Wajahat Ullah..vs..Director General Provincial Housing
Authority Peshawar and others.
112. RFA No.475-P/2014
Qaiser Khan and others..vs..Director General Provincial Housing
Authority Peshawar and others.
113. RFA No.483-P/2014
Malik Sher Bahadar Khan..vs..Director General Provincial Housing
Authority Peshawar and others.
114. RFA No.484-P/2014
Noor Ali Sahib Shah through Legal Heirs and others..vs..Director
General Provincial Housing Authority Peshawar and others.
115. RFA No.490-P/2014
Mst. Gul Baha..vs..Director General Provincial Housing Authority
Peshawar and others.
11
116. RFA No.491-P/2014
Qadar Gul and others..vs..Director General Provincial Housing
Authority Peshawar and others.
117. RFA No.494-P/2014
Javed Iqbal and others..vs..Director General Provincial Housing
Authority Peshawar and others.
118. RFA No.495-P/2014
Ajmal Khan and others..vs..Director General Provincial Housing
Authority Peshawar and others.
119. RFA No.496-P/2014
Abdul Kalam and others..vs..Director General Provincial Housing
Authority Peshawar and others.
120. RFA No.497-P/2014
Wasil Khan and others..vs..Director General Provincial Housing
Authority Peshawar and others.
121. RFA No.509-P/2014
Waheed Zaman..vs..Director General Provincial Housing Authority
Peshawar and others.
122. RFA No.510-P/2014
Fazal Khan and others..vs..Director General Provincial Housing
Authority Peshawar and others.
123. RFA No.515-P/2014
Hanif Khan and others..vs..Director General Provincial Housing
Authority Peshawar and others.
124. RFA No.516-P/2014
Anwar Ali..vs..Director General Provincial Housing Authority
Peshawar and others.
125. RFA No.519-P/2014
Abdul Manan and others..vs..Director General Provincial Housing
Authority Peshawar and others.
126. RFA No.526-P/2014
Haq Nawaz and others..vs..Director General Provincial Housing
Authority Peshawar and others.
127. RFA No.528-P/2014
Ali Haider and others..vs..Director General Provincial Housing
Authority Peshawar and others.
128. RFA No.538-P/2014
Khaista Rehman and others..vs..Director General Provincial Housing
Authority Peshawar and others.
129. RFA No.539-P/2014
Habib Ullah and others..vs..Director General Provincial Housing
Authority Peshawar and others.
130. RFA No.540-P/2014
Hunar Gul and others..vs..Director General Provincial Housing
Authority Peshawar and others
.
12
131. RFA No.543-P/2014
Wazir Aslam and others..vs..Director General Provincial Housing
Authority Peshawar and others.
132. RFA No. 564-P/2014
Faiz Mohammad and others..vs..Director General Provincial
Housing Authority Peshawar and others.
133. RFA No.567-P/2014
Mst. Hussan Zari and others..vs..Director General Provincial
Housing Authority Peshawar and others.
134. RFA No.573-P/2014
Mohammad Zaman and others..vs..Director General Provincial
Housing Authority Peshawar and others.
135. RFA No. 425-P/2014.
Fazlullah and others…vs…Director General Provincial Housing
Authority Peshawar and others
136. RFA No. 427-P/2014.
Saleem Khan and others…vs…Director General Provincial Housing
Authority Peshawar and others
137. RFA No. 449-P/2014.
Zarkesh and others…vs…Director General Provincial Housing
Authority Peshawar and others
138. RFA No. 450-P/2014.
Naeem Shah…vs…Director General Provincial Housing Authority
Peshawar and others
139. RFA No.458-P/2014.
Suleman and others…vs…Director General Provincial Housing
Authority Peshawar and others
140. RFA No. 583-P/2014.
Director General Provincial Housing Authority Peshawar and
others…vs…Misri Khan and others.
141. RFA No. 586-P/2014.
Director General Provincial Housing Authority Peshawar and
others…vs…Bakhtiyar Ul Haq and others.
142. RFA No. 589-P/2014.
Director General Provincial Housing Authority Peshawar and
others…vs…Tajamul Shah and others.
143. RFA No. 605-P/2014.
Director General Provincial Housing Authority Peshawar and
others…vs…Safeer Ullah and others.
144. RFA No. 608-P/2014.
Director General Provincial Housing Authority Peshawar and
others…vs…Suleman Shah and others.
145. RFA No. 624-P/2014.
Director General Provincial Housing Authority Peshawar and
others…vs…Naeem Shah.
13
146. RFA No. 656-P/2014.
Director General Provincial Housing Authority Peshawar and
others…vs…Qalandar Shah and others.
147. RFA No. 674-P/2014.
Director General Provincial Housing Authority Peshawar and
others…vs…Zarkesh and others.
148. RFA No. 676-P/2014.
Director General Provincial Housing Authority Peshawar and
others…vs…Fazal Khan and others.
149. RFA No. 38-P/2014.
Director General Provincial Housing Authority Peshawar and
others…vs…Muslim Shah.
150. RFA No.454-P/2014
Shahnawaz Khan and others Vs DG PHA, Peshawar.
151. RFA No.335-P/2014
Aminullah etc Vs DG PHA, Peshawar.
152. RFA No.320-P/2014
Mir Fayaz etc vs DG PHA, Peshawar.
153. Oject. Petition No.3-P/2018
In RFA NO.87-P/2015
Lal Zada etc vs DG PHA, Peshawar.
4. The Acquiring Department-respondents have also
assailed the judgment of the learned Referee Court in the
following connected RFAs, seeking reduction of the market
price to the one determined by the Land Acquisition
Collector in the Awards.
1. RFA No.574-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Mst. Zahin Pari.
2. RFA No.575-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Safdar Ali.
3. RFA No.576-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Muzafar Hussain and others.
4. RFA No.578-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Taj Mohammad and others.
5. RFA No.579-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Anar Gul.
6. RFA No.580-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Waqif Khan.
14
7. RFA No.582-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Shah Saud.
8. RFA No.588-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Waqif Khan.
9. RFA No.590-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Ali Gul and others.
10. RFA No.591-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Ali Haider.
11. RFA No.593-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Riaz Ul Haq and others.
12. RFA No.594-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Jan Alam and others.
13. RFA No.595-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Dost Mohammad and others.
14.RFA No.596-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Qazi Badr Ul Wahab and others.
15. RFA No.597-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Farhat Ullah and others.
16. RFA No.599-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Mohammad Amar Rafiq and others.
17. RFA No.600-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Mst. Bibi Gul Pari and others.
18. RFA No.609-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Sameer and others.
19. RFA No.610-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Haq Nawaz and others.
20. RFA No.612-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Roshan Khan and others.
21. RFA No.614-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Hussan Ara and others.
15
22. RFA No.615-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Mst. Shamshad Pari and others.
23. RFA No.616-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Saif Ul Malook and others.
24.RFA No.617-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Gul Bahadar and others.
25. RFA No.618-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Awal Khan and others.
26.RFA No.619-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Bukhtar Ul Haq.
27. RFA No.620-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Khushdil Khan and others.
28. RFA No.621-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Widan Khan and others.
29. RFA No.622-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Habib Ullah and others.
30. RFA No.623-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Khaista Rehman and others.
31. RFA No.627-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Fazal Yazdan.
32. SRFA No.628-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Shams Ul Haq and others.
33. RFA No.629-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Faizan Ul Haq and others.
34. RFA No.632-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Fazal Kabeer and others.
35. RFA No.637-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Shafiq Ahmad and others.
36. RFA No.640-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Imad Ud Din.
16
37. RFA No.642-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Mst. Misal Ul Nihar and others.
38. RFA No.643-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Nawazish Ali and others.
39. RFA No.648-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Dil Nawaz Khan and others.
40.RFA No.649-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Mst. Miraj Behum and others.
41. RFA No.650-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Mohammad Nawaz and others.
42.RFA No.651-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Haji Saif Ullah and others.
43. RFA No.652-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Shams Ur Rehman and others.
44. RFA No.657-P/2014 and others..vs..Inam Gul and others.
45. RFA No.661-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Tariq Ahmad and others.
46. RFA No.662-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Mst. Zaib Un Nisa.
47. RFA No.670-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Afsar Ali and others.
48. RFA No.671-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Raj Mohammad and others.
49. RFA No.672-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Mohammad Qasim Khan and others.
50.RFA No.673-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Khalid Zada and others.
51.RFA No.677-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Mst. Hussan Ara.
17
52. RFA No.4-P/2015
Tariq Ahmad and others…vs…Director General Provincial Housing
Authority Peshawar and others.
53. RFA No.6-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Qazi Atta Ul Haq.
54. RFA No.9-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Gulistan Khan and others.
55. RFA No.10-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Mst. Misal Un Nihar and others.
56. RFA No.15-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs… Mst. Razia Begum and others.
57. RFA No.17-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Haji Hussain Ahmad Khattak and others.
58. RFA No.20-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Aamir Haider and others.
59. RFA No.21-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Sajida.
60. RFA No.24-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Faiz Mohammad and others.
61. RFA No.26-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Zafar and others.
62. RFA No.27-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Gul Daraz Khan and others.
63. RFA No.28-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Qazi Wajahat Ullah and others.
64.RFA No.29-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Qazi Mehr Ul Wahab Khan and others.
65. RFA No. 30-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Akhtar Hussain and others.
66. RFA No.31-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Taj Umar Ali Khan and others.
18
67. RFA No.34-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Zarafat Sair.
68.RFA No.36-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Gulzar Ahmad Khan and others.
69. RFA No.37-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Zulqadar.
70. RFA No.66-P/2015
Naeem Khan and another..vs..Director General Provincial Housing
Authority Peshawar and others.
71. RFA No.83-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Kifayat Ali and others.
72. RFA No.84-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Rab Nawaz and others.
73. RFA No.85-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Mst. Shah Paristan.
74. RFA No.86-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Shad Mohammad and others.
75. RFA No.87-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Lal Zada and others.
76. RFA No.88-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Shah Nawaz Khan and others.
77. RFA No.89-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Fazal e Akbar and others.
78. RFA No.92-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Hashmat Khan and others.
79.RFA No.93-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Mohammad Nawaz and others.
80. RFA No.94-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Mohammad Hamayun and others.
81. RFA No.95-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Shah Nawaz and others.
82. RFA No.98-P/2015
19
Director General Provincial Housing Authority Peshawar and
others…vs…Salah Ud Din and others.
83. RFA No.99-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Farhat Ullah Khan.
84. RFA No.100-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Haji Mohib Ullah.
85. RFA No.101-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Sahib Shah.
86. RFA No.102-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Tariq Ahmad and others.
87. RFA No.103-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Mst. Tilat and others.
88. RFA No.104-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Khalid Zada and others.
89. RFA No.105-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Siraj Gul and others.
90. RFA No.107-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Zahid Gul and others.
91. RFA No.108-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Habib Ur Rehman and others.
92. RFA No.109-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Haji Mohammad Harooan and others.
93. RFA No.110-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Wazir Aslam and others.
94. RFA No.112-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Naqeeb Khan and others.
95. RFA No.113-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Hussan Ara.
96. RFA No.146-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Shah Zaman Khattak and others.
20
97. RFA No.148-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Farman Gul and others.
98.. RFA No.151-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Hasim Ali Khan and others.
99. RFA No.156-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Miraj Begum and others.
100. RFA No.158-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Mst. Amna Begum.
101. RFA No.160-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Qazi Mohammad.
102. RFA No.634-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Fazal Mohammad and another.
103. RFA No.635-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Naseeb Gul and others.
104. RFA No.647-P/2014 Director General Provincial Housing Authority Peshawar and
others..vs..Noor Rehman and others.
105. RFA No.668-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Niaz Ullah.
106. RFA No.669-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Nemat Khan.
107. RFA No.90-P/2015
Director General Provincial Housing Authority Peshawar and
others..vs..Mst. Shahtari and others.
108. RFA No.654-P/2014
Director General Provincial Housing Authority Peshawar and
others..vs..Dr. Saif Ullah and others.
109. RFA No.106-P/2015
Director General Provincial Housing Authority Peshawar and
others..vs..Najeeb Ullah and others.
110. RFA No. 149-P/2015.
Director General Provincial Housing Authority Peshawar and
others..vs..Mukhtyar Ul Haq and others.
111. RFA No.577-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Duran Shah and others.
21
112. RFA No.581-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Fazal Ullah
113. RFA No.584-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Pervez Khan and others.
114. RFA No.585-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Intizar Mohammad and others.
115.RFA No.587-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Haji Hazrat Akbar and others.
116. RFA No.592-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Haji Mohammad Yousaf and others.
117. RFA No.598-P/2014 Director General Provincial Housing Authority Peshawar and
others…vs…Rowaidad Khan and others.
118.RFA No.602-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Mst; Gul Baha
119. RFA No.603-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Hameed Khan and others.
120.RFA No.604-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Sher Alam and others.
121. RFA No.606-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Waheed Zaman and others.
122. RFA No.607-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Mst. Maqsood Begum.
123. RFA No.611-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Haji Barkat Shah and others.
124. RFA No.613-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Mir Wali Khan and others.
125.RFA No.625-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Haq Nawaz and others.
126.RFA No.626-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Mohammad Iqbal and others.
22
127. RFA No.630-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Ajmal Khan and others.
128. RFA No.633-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Saleem Khan and others.
129. RFA No.636-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Noor Ali and others.
130. RFA No.638-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Fazal Mahboob and others.
131. RFA No.639-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Afsar Ullah and others.
132. RFA No.641-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Shahzada and others.
133. RFA No.644-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Misri Khan.
134. RFA No.645-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Minhaj Ali and others.
135. RFA No.646-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Mst. Hussan Zari.
136. RFA No.653-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Nemat Ullah and others.
137. RFA No.655-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Nisar Ahmad and others.
138. RFA No.658-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Bismillah Shah and others.
139. RFA No.659-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Fazal e Hadi and others.
140. RFA No.660-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Gul Mohammad and others.
141. RFA No.664-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Haji Mohammad and others.
23
142. RFA No.665-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Noor Ullah and others.
143. RFA No.667-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Fazal Shah and others.
144. RFA No.675-P/2014
Director General Provincial Housing Authority Peshawar and
others…vs…Abdul Manan and others.
145. RFA No.7-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Shaukat Ali and others.
146. RFA No.8-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Zulfiqar Ali and others.
147. RFA No.11-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Fida Mohammad and others.
148. RFA No.12-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Shahzada and others.
149. RFA No.13-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Javed Iqbal and others.
150. RFA No.14-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Fazal Mehbood and others.
151. RFA No.16-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Biradar Khan and another.
152. RFA No.18-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Olas Khan and others.
153. RFA No.19-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Hunar Gul and others.
154. RFA No.22-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Ahsan Gul and others.
155. RFA No.25-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Qaiser Khan and others.
156. RFA No.32-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Hussain Khan and others.
24
157. RFA No.33-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Haji Azam Khan and others.
158. RFA No.35-P/2015
Director General Provincial Housing Authority Peshawar and
others…vs…Abdul Mateen and others.
159. RFA No.54-P/2015
Shaukat Ali alias Shaukat Khan ..vs.. Director General Provincial
Housing Authority Peshawar and others.
160. RFA No.67-P/2015
Ahsan Gul and others..vs.. Director General Provincial Housing
Authority Peshawar and others.
161. RFA No.91-P/2015
Director General Provincial Housing Authority Peshawar and
others...vs…Niaz Muhammad and others.
162. RFA No.96-P/2015
Director General Provincial Housing Authority Peshawar and
others...vs…Mohammad Arshad and others.
163. RFA No.97-P/2015
Director General Provincial Housing Authority Peshawar and
others...vs…Mir Ahmad Khan.
164. RFA No.111-P/2015
Director General Provincial Housing Authority Peshawar and
others...vs…Shaukat Ali and others.
165. RFA No.147-P/2015
Director General Provincial Housing Authority Peshawar and
others...vs…Hazrat Akbar and others.
166. RFA No.150-P/2015
Director General Provincial Housing Authority Peshawar and
others...vs…Malak Sher Bahadar.
167. RFA No.152-P/2015
Director General Provincial Housing Authority Peshawar and
others...vs…Khalil Jan.
168. RFA No.153-P/2015
Director General Provincial Housing Authority Peshawar and
others...vs…Dildar Khan Khattak and others.
169. RFA No.154-P/2015
Director General Provincial Housing Authority Peshawar and
others...vs…Noor Ul Basar and others.
170. RFA No.155-P/2015
Director General Provincial Housing Authority Peshawar and
others...vs…Anwar Ali.
171. RFA No.157-P/2015
Director General Provincial Housing Authority Peshawar and
others...vs…Nawab Khan.
25
172. RFA No.159-P/2015
Director General Provincial Housing Authority Peshawar and
others...vs…Naeem Shah.
173. RFA No.161-P/2015
Director General Provincial Housing Authority Peshawar and
others...vs…Hanif Ullah and others.
174. RFA No.162-P/2015
Director General Provincial Housing Authority Peshawar and
others...vs…Mohammad Zaman.
175. RFA No.376-P/2015
Director General Provincial Housing Authority Peshawar and
others...vs…Mst. Natasha and others.
176. RFA No.23-P/2015
Director General Provincial Housing Authority Peshawar and
others...vs…Malik Zain Ul Abideen and others.
177. RFA No.512-P/2014
Malik Zain Ul Abideen..vs..Director General Provincial Housing
Authority Peshawar and others
178.RFA No.527-P/2014
Nizam Khan and others..vs..Director General Provincial Housing
Authority Peshawar and others
179. RFA No.560-P/2014
Noor Rehman and others..vs..Director General Provincial Housing
Authority Peshawar and others
180. RFA No.663-P/2014
DG PHA Vs Hameed Ullah etc.
181.RFA No.666-P/2016
DG PHA Vs Mst. Zaid un Nisa.
5. Since, appeals filed by the parties, pertain to the
Awards announced in one and the same Moza whereby land
has been acquired for the same purpose as well as the
Reference petitions of all the land owners have been decided
through a consolidated judgment, therefore, are being
decided through this single judgment.
6. Arguments of learned counsel for the parties heard
and record perused with their able assistance.
7. Before adverting to the issue of determination of
actual market price of the acquired land, I, would like to
meet the preliminary legal objection, raised by the learned
counsel for the respondents department to the effect that
26
Reference Petitions filed by the land owners under section
18 of the Act of 1894, were not competent as the
landowners had received the compensation amount of the
acquired land without any protest, as such they had no
locus standi to file reference petitions under section 18 of
read with second proviso to sub-section (2) of section 31 of
the Act of 1894.
8. In context of the above legal objection, record of
the case, particularly, acquaintance role (Qabz ul Wasool)
was perused, which revealed that some of the land owners
had received compensation underwritten protest, while
some without any written protest. It is manifest from
record that almost all the reference petitions have been
filed by the land owners prior to receipt of the
compensation amount, which by itself amounts to protest
within the meaning of proviso to sub-section (2) of section
31 of the Act of 1894. Most importantly; reading of entire
section 31 of the Act of 1894, would reveal that it does not
mandate “any written protest”, therefore, legal force and
applicability of objection of the learned counsel for the
respondents department can be adjudged on the touch
stone of the above mentioned consideration, for which
resort to section 31 of the Act of 1894, would be
advantageous, which runs as follow:-
31. Payment of compensation or deposit of the
same in Court.— (1):- On making an award under
section 11, the Collector shall tender payment of the
compensation awarded by him to the persons
interested entitled thereto according to the award, and
shall pay it to them unless prevented by some one or
more of the contingencies mentioned in the next sub-
section.
(2) If they shall not consent to receive it, or if there
be no person competent to alienate the land, or if
there by any dispute as to the title to receive the
compensation or as to the apportionment of it, the
Collector shall deposit the amount of the
compensation in the Court to which a reference
under section 18 would be submitted.
Provided that any person admitted to be
interested may receive such payment under protest as
to the sufficiency of the amount.
27
Provided also that no person who has
received the amount otherwise than under protest
shall be entitled to make any application under
section 18.
Provided also that nothing herein contained
shall affect the liability of any person, who may
receive the whole or any part of any compensation
awarded under this Act, to pay the same to the
person lawfully entitled thereto.
(3) Notwithstanding anything in this section the
Collector may, with the sanction of the Provincial
Government, instead of awarding a money
compensation in respect of any land, make any
arrangement with person having a limited interest in
such land, either by the grant of other lands in
exchange, the remission of land-revenue on other
lands held under the same title, or in such other way
as may be equitable having regard to the interest of
the parties concerned.
(4) Nothing in the last foregoing sub-section shall be
construed to interfere with, or limit the power of the
Collector to enter into any arrangement with any
person interested in the land and competent to
contact in respect thereof.” (The Underlines
supplied for emphasis).
Proviso (2) to section 31 of the Act of 1894, implies a bar
on a person to file reference under section 18, who has
received the amount of compensation otherwise than under
protest. However, the above quoted proviso does not
provide any mechanism for making or lodging such
protest, at the time or before receiving the compensation. It
does not say that protest by a claimant must necessarily be
in writing. According to section 18, reference can be
sought by (i) any person interested who has not accepted
the award (2) by a written application made to the
Collector (3) for determination as regards objection to the
land, the amount of compensation and the person to whom
it is payable. Result of the conjecture reading of section 18
and proviso to sub-section (2) of section 31 of the Act,
manifestly state that an application seeking reference under
section 18 of the Act of 1894, for determination of the
amount of compensation, can be made by any person
interested who has not accepted the award and who has not
28
received the amount otherwise than under protest. Though,
second proviso to sub-section (2) of section 31 of the Act,
is couched in the negative form and it disable a person
from seeking reference under section 18, in case the
amount of compensation is received otherwise than under
protest, however, as observed above, the Act of 1894,
nowhere lays down the method, manner and form in which
protest has to be recorded by a person receiving the
compensation. In the process of acquisition, section 9 of
the Act, imposes a duty on the Collector to invite land
owners to put their claims for compensation of their
respective interests and their objections with regard to
measurement of the acquired land under section 8 of the
Act. Similarly, under section 9 (5) of the Act, the Collector
shall also serve notice of enquiry to be held under section
11 of the Act. Provisions of section 11 of the Act are
mandatory in nature and the Collector or the Acquisition
Officer, is personally responsible for conducting such
enquiry. Being final stage of acquisition by Collector, in
pursuance of the notice under section 9 (5) of the Act, the
Collector has to hold enquiry with regard to measurement
of land; the compensation of the land under acquisition and
apportionment of the compensation amount. For invoking
the penal consequences of proviso to sub-section (2) of
section 31, person who is alleged to have received the
amount of compensation without protest would be one who
knew the implication of Award under section 11 of the Act
and that he had a right to claim higher compensation and
seek reference to a Competent Authority/the Court. Yet,
there is another aspect of the case that proviso to
sub-section (2) of section 31 being in nature of estopple,
barred the person raising such plea to establish before the
Court necessary facts on which the rule of estopple is to be
applied, but in this case, an iota of evidence is not brought
29
on record suggestive of the fact that the compensation was
not received by the land owners under protest. In absence
of any express statement by the land owners qua accepting
the award or accepting the amount of compensation
without protest, but applications have been made by them
under section 18 of the Act with promptitude which shall
be deemed as implied protest. I have noted that in
acquisition cases, invariably persons interested are those
who are rustic, illiterate and poor villagers’ agriculturists
or pardhanasheen ladies. In such a situation, the Collector
is under legal obligation to apprise the persons interested
of their right to have determined the amount of
compensation by the Referee Court, in case they are not
satisfied by the amount of compensation determined by the
collector in the award. In the event of not exercising their
right and agreeing to accept the award or amount without
protest, an express acknowledgment must be obtained. In
the case in hand, I have no hesitation to hold that the land
owners, even in absence of express protest at the time of
receiving compensation, are entitled to file reference under
section 18 (1) of the Act of 1894, as all most all the
reference petitions, have been filed before receipt of
compensation amount, which by itself is the best way to
show the intention of the claimants to have accepted the
money under protest. On the other hand, the award is silent
about causing notice under section 9 and 9 (5) of the Act of
1894, much less about observing the mandatory provisions
of section 11 with regard to making enquiry by the
Collector.
9. In view of the above discourse it is held that since
proviso to sub-section (2) of section 31 as well as the
entire Act of 1894, does not provide any particular mode,
manner and method of protest by a claimant at the time of
receipt of amount of compensation, awarded under section
30
11 of the Act of 1894, hence, the protest can be made
either in writing or through file reference under section 18
of the Act of 1894 within prescribed period of limitation. It
is to be kept in mind that for interpretation of Statute there
are settled rules/principles some of which are old as Hills
are and one of such principles is that the Statute be
interpreted in a manner to advance the cause of justice by
making it workable, practicable and harmonious so that
mischief is avoided as for as possible. Such interpretation
would also make the system of justice to sail smoothly
without any unnecessary obstruction. Keeping in mind the
aforesaid principle of interpretation of Statute and going to
the provision quoted above, the claimant may receive the
amount of compensation under protest orally and the oral
protest while receiving the compensation shall not
disentitle the claimant from making any application for
reference under section 18 of the Act of 1894.
10. In this case, on court direction Register Qabz-ul-
Wasool was produced by the respondents, perusal of which
reveals that some of the land owners have received the
amount/compensation underwritten protest while some
without any written protest. No date has been mentioned in
the Register as to on which date the amount had been
received by the land owners. However, learned counsel for
the respondents admitted that the amount of compensation
is being received by the land owners after making the
Reference and some during pendency of the instant appeal
while some have even not yet received the same. One
thing which does appeal to a prudent mind is that if the
land owners had no objection over the compensation and
they have received the compensation without any written
protest, then question arises as to why they have
questioned the Awards by filing Reference petitions on
17.04.2011 well within the stipulated period of issuance of
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notice under section 12 sub-section (2) of the Act, as
provided under section 18 of the Act ibid. The Awards had
been announced on 24.09.2011. Filing of Reference
Petitions by the land owners on 17.04.2011 is sufficient
proof of their implied protest against the market price
determined by the collector. So it would not make any
difference that the land owners had not mentioned their
written protest on the Register (Qaz-ul-Wasool). Besides,
when the law does not prescribes any particular mode of
protest then the oral protest or reference petition in my
opinion, is a valid protest under law and would be
sufficient to entitle the land owner to file reference petition
under section 18 of the Act of 1894.
11. Yet there is another aspect that some of the land
owners have received the amount under protest and if this
Court treat their reference petitions competent and reaches
to a certain conclusion that would have strong bearing on
the status of the land owners who have not made written
protest as under Article 25 of the Constitution alike shall
be treated alike. In this view of the matter, the land owners
who have not made written protest shall also be entitled to
the same relief. Moreover, the land owners have received
the amount after filing of the reference petitions and the
reference petitions wherein the Awards have been
questioned are sufficient proof of their protest. In view of
the above, the legal objection agitated by learned counsel
for the respondents department is hereby turned down.
12. Coming to merits of the case, the respondents
department has not questioned title of the land owners with
regard to land compulsorily acquired from their
possession, therefore, the only question for determination
is what should be the fair market price payable to land
owners by the acquiring Department. It appears from the
Awards that market price of the acquired lands has been
32
assessed and determined by the Land Acquisition Collector
on the sole criteria of one year average and this fact has
also been categorically mentioned in the Awards.
Admittedly, exercise of determination of market price of
the land on the basis of one year average is squarely
against the principles laid down by the Hon’ble Supreme
Court in case of “Murad Khan through his widow and
13 others Vs Land Acquisition Collector, Peshawar
(1999 SCMR 1647), wherein it has been held that one year
average cannot be the sole criteria for determination of
market value, rather material available on file would be
quite relevant to evaluate the amount of compensation. The
Hon’ble apex Court has emphasized that the best method
to work out the market value is the practical method of
prudent mind laid down under Article 2 of the Qanun-e-
Shahadat Order, i.e. to examine and analyze all the
material and evidence available on the point and
determination of price which a willing purchaser would
pay to the willing seller.
13. Though, expression “market value” has not been
defined by Act of 1894, however, in Abdul Waheed’s
case (1986 MLD 381), it has defined and interpreted by
the Hon’ble apex Court, in the following words:-
“Phrase “market Value” of the land as used in section
23 (A) of the Act means “value to the Owner” and
therefore, such value must be the basis for
determination of compensation. The standard must be
not, subjective standard but an objective one.
Ordinarily, the objective standard would be the price
but owner willing and not obliged to sell might
reasonably expect to obtain from a willing purchaser.
The property must be valued not only with reference to
its condition at the time of the determination but its
potential value must be taken into consideration.”
33
14. In support of their claim, the land owners produced
Patwari Halqa Mera Jalozai as PW.1, who produced Fard
Jamabandi (Exh.PW.1/1) for the year 2009-2010, in
respect of Khasra numbers mentioned in the Awards.
According to aforesaid revenue record the nature of the
acquired land at the time of acquisition was Banjar
Qadeem, Barani, Ghair Mumkin Abadi/Mohajer Camp,
Dagoba and Abadi. PW.1 also produced Naqsha Tasweeri
(Exh.PW.1/2). Moharrir Sub-Registrar, Nowshera
appeared while appearing as PW.2 produced No.470 Bahi
No.1, volume No.236 attested on 19.07.2005
(Exh.PW.2/1), according to which one Mst. Shah Paristan
has sold 01 Kanal and 10 Marlas land against sale
consideration of Rs.9,00,000/- in Moza Jalozai in Khasra
No.470. Assistant District Kanoongo while appearing as
PW.3, produced mutations No.5173, 5174, 5175 attested
on 25.03.2008, mutations No.5185 and 5186 attested on
28.03.2008, mutation No.5225 attested on 06.05.2008,
mutations 5241, 5249, 5276, 5303/1 attested on
22.08.2008, mutations 5329, 5330 attested on 09.09.2008,
mutation No.5143 attested on 22.02.2008, mutations 5342,
5343 attested on 19.09.2008, mutation 5248 attested on
20.05.2008 (Exh.PW.3/1 to Exh.PW.3/16). Collector Land
Acquisition Provincial, Housing Authority, KPK, while
appearing as PW.4 produced the impugned Awards which
are Exh.PW.4/1 (09 pages).
15. The land owners while appearing in the witness
box deposed that price of the acquired land fixed by the
Collector Land Acquisition PHA, is much less than the
actual market price of the lands in the same Moza. They
deposed that in fact their lands were of high potential and
commercial in nature, surrounded by metal pubbi Cherat
road, Warsak Gravity Canal, Engineering University,
Industrial Estate Jalozai and Science & Technology Park
34
Jalozai and due to development and improvements by
various Departments in the vicinity, value of the acquired
had been raised to high level and at the time of Award its
market price was not less than Rs.1,00,000/- per marla.
16. In rebuttal Patwari Halqa Mera Jalozai was
produced, whose statement was recorded as RW.1. He
produced one year average since 15.03.2008 to 15.03.2009
and mutations attested during this period. According to
him the price of the land was determined on the basis of
said mutations/transactions struck. The land Acquisition
Collector appeared as RW.2. He deposed that after
fulfilling all legal requirements and considering the nature
of the lands and revenue record the Awards were
announced.
17. To ascertain the exact location, potentiality and
future prospect of the acquired land for the purpose of
assessment of the fair market value, a penal of Advocates,
namely, Kifayat Ali, Aftab Khan, Arshad Samad and Mr.
Shah Nofal Advocates were appointed as local
commission. They visited the spot and submitted report as
Exh.CW.1/1. According to report commission, the
acquired land is located at some distance from Cherat road
and main GT road surrounded by University of
Engineering and Technology, proposed Abdul Wali Khan
University, ISI colony as well as other private colonies and
shops. Besides, Mohajir Camp was established on the
acquired lands where IDPs used to so civic facilities like
electricity, telecommunication, Sui Gas and mobile phone
Towers were available in the vicinity of the acquired land.
The evidence of the land owners and statement of local
commission with regard to availability of the civic
facilities and higher potentiality of the acquired land, has
not been shattered by the respondents.
35
18. Besides, the land had been acquired by the
Provincial Housing Authority for Housing Scheme for
government employees and general public. The
respondents have prepared Broacher/catalogue and
published the same. The land owners in their evidence
have produced Broacher as Exh.PW.5/2 wherein price of
25 x 54 feet land has been fixed as Rs.5,92,000/-. Though
this fact cannot be ignored that the Provincial Housing
Authority has invested a huge amount on development of
the acquired land and would invest more in the future for
its further development but the price fixed in the Broacher
is also one of the relevant factor to be kept in mind while
determining the market price of the acquired land. The
price of the acquired land has been determined by the land
Collector on the basis of mutations/transaction struck in
the year i.e. 2008-2009. This court is also mindful of the
fact that in sale transaction people do mention less prices
in mutations so as to avoid payment of taxes. Besides, the
District Officer Revenue Nowshera has also issued revised
valuation table vide notification dated 03.07.2009, for the
purpose of stamp duty/mutation fee/registration fee
wherein in Moza Jalozai Mera, rate of per marla Barani
land is Rs.8000/-, Banjar Qadeem Rs.7000/-, Gher
Mumkin Abadi Rs.7000/- Dagoba Rs.7000/- and Abadi
Rs.6000/-. Jahan Shah ADK Nowshera (CW.5), has
admitted aforesaid valuable for the year 2009 to 2011.
Admittedly, the award has been finally announced in the
year 2011. So the rate mentioned in the aforesaid
notification, if taken into consideration, then admittedly,
the market price of the acquired land has not been properly
assessed by the Collector. Sufficient evidence is available
on file to prove that the acquired land is situated in mid of
main GT and Cherat roads. On either side of the road,
shops are located. The acquired land is surrounded by
36
Universities, ISI Office and Housing Societies which fact
has not been rebutted by the respondents. It has been
admitted by the respondents in their evidence that Afghan
Refugee camp was established on the acquired land since
1979 till 2007 and due to this reason no sale transaction
was effected during this period. The respondents have
further admitted existence of Cherat road and Universities
namely, Abdul Waki Khan University and proposed
University of Science and Technology adjacent to the
acquired land.
19. Above all, in this case notification under section 4
of the Act of 1894, was initially issued on 29.09.2008. The
same notification was then issued for the second time on
16.03.2009, whereas the Awards were announced on
24.09.2011 i.e. after about 03 years. The price mentioned
in the aforesaid two notifications is different. In the second
notification the proposed price is high than the first
notification, meaning thereby that with the passage of time,
the market price of the acquired land has exceeded almost
to double. In this view of the matter escalation in the price
of rate during such time is an admitted factor.
20. The learned Referee Court while taking into
consideration the available evidence led by the parties
coupled with all relevant factors necessary for
determination of the fair market price as well as the second
notification wherein escalation prices of land has been
shown after passage of time, has rightly determined the
market price of the acquired land as follow:-
Barani Rs.10,000/- per marla.
Banjar Qadeem Rs.11,000/- per marla
Gher Mumkin Abadi Rs.7,000/- per marla
Dagoba Rs.32000/- per marla
Abadi Rs.17,000/- Per marla
The impugned judgment being well reasoned and based on
proper appreciation of evidence and law on the subject
37
settled by the Hon’ble Apex Court, is not open to any
interference by this Court.
21. Resultantly, the appeals of the parties, being
devoid of force are hereby dismissed.
Announced:
05.11.2018 Siraj Afridi P.S.
JUDGE
SB of Mr. Justice Rooh ul Amin Khan