' WAQAR AHMAD SETH, J.---This judgment shall also dispose of the connected Regular First Appeals bearing Nos. 256, 285, 286, 287, 297, 298, 310, 317, 319, 327, 345, 346, 347, 357, 358, 359, 360, 361, 378, 385, 389 of 2010, 41, 86 of 2011, 71, 95 to 108, 132, 156 of 2013, 54 of 2014 and FAO No, 32 of 2010, as they all have arisen out of Award No, 179, dated 28.11.2005 and common questions of law and facts are involved therein.
2. Brief and relevant facts leading to these appeals are that on the request of Military Estate Officer, Hazara Circle, Abbottabad, the Land Acquisition Collector, Abbottabad acquired the landed property of appellants at public expense for public purposes for Pakistan Military Academy Abbottabad through Award No, 179, dated 18.11.2005 and awarded the compensation amount and held entitled the owners to the receipt of compensation according to their respective entitlement in "Register Haqdaran-e-Zamin" in "Khana-e-Malkiat" i,e, the column of ownership. The Land Acquisition Collector in order to secure the rights of purchasers directed that the compensation in respect of sold land in "Khana-e-Kasht" shall be paid the purchasers, however, in case of any the payment shall be made subject to the decision of the Court. Feeling dissatisfied, the affectees/objectors preferred objection petitions under Section 18/30 of the Land Acquisition Act, 1894 for enhancement as well as apportionment of the compensation amount. The objection petitions were contested and learned referee Court after recording pro and contra evidence and hearing the parties in some of the objection petitions enhanced the compensation of acquired landed property to Rs, 8,00,000/- per kanal whereas in other objection petitions enhanced the same to Rs, 28,80,120/48 per kanal along with usual charges. Still feeling dissatisfied, the affectees/objectors filed Regular First Appeal Nos. 19/11, 256, 285, 286, 287, 297, 298, 310, 317, 319, 327, 345, 346, 347, 357, 358, 359, 360, 361, 378, 385, 389 of 2010, 41, 132, 156 of 2013, 54 of 2014 and FAO No, 32 of 2010 for further enhancement of compensation amount whereas in RFA Nos. 285, 286, 327 and 345 the appellants prayed for apportionment as well as enhancement of compensation amount while the acquiring department filed Regular First Appeals bearing No, 86 of 2011, 71, 95 to 108, 156 of 2013 against the judgments and decrees of the referee Court.
3. Arguments heard and record perused.
4. The landed property, built up property, fruit bearing and non-fruit bearing trees of appellants was compulsorily acquired on the request of Military Estate Officer, Hazara Circle, Abbottabad, at public expense for public purposes for Pakistan Military Academy Abbottabad through Award No, 179, dated 18.11.2005. The Land Acquisition Collector in his award considered one year average of mixed type of land as well as one year average of single kind of land but found the average price of mixed kind of land very high and following the one year average of single kind of land as reasonable awarded the compensation amount of the acquired landed property. The Land Acquisition Collector for assessm ent of compensation of built-up-property as well as the fruit and non-fruit bearing trees sought assistance from the Forests, Agriculture as well as C&W Building Division and awarded the compensation amount in the light of their respective reports.
5. It is on record that in the objection petitions decided by the learned referee Court in the year 2010, while placing reliance on the judgment of the apex Court reported as 2009 SCM R 224, the compensation amount of almost similar. Kind of land situated in the same vicinity acquired in the year 1994 through award No, 14, dated 19.12.1994 was enhanced from Rs, 529350/- to Rs, 7,00,000/- per kanal. Has enhanced the compensation of acquired land in some of the objection petitions to Rs, 8,00,000/- per kanal but it is too strange that in some other objection petitions the learned successor-in office on the basis of conjectures and surmises rather on his own sweet accord without having back of any revenue record enhanced the compensation of the acquired land to Rs, 20,80,120/48 per kanal.
6. Now it is settled law that the present trend of extraordinary hike of landed property, the criterion of one year average cannot be made basis for assessment of compensation amount of acquired land. In case of acquisition of land, the land is acquired in the interest of general public at public expense on the basis of sacrifice of an individual, which requires to adequately compensating the individual in extraordinary manner and the compensation should be fixed in the light of criterion a willing vendor and that of a needy vendee. In this regard wisdom can be drawn from case titled "Land Acquisition Collector and others v. Mst. Iqbal Begum and others" reported as PLD 2010 Supreme Court 719, wherein it has been held as under:--- "The principles laid down for determination of compensation reflect anxiety of law-giver to compensate those deprived of property adequately enough so as to be given gold for gold and not copper for gold". One year's average of sales taking place before publication of notification under section 4 of similar land is merely one of the modes of ascertaining market value and is not an absolute yardstick for assessment of compensation. Moreover, status of acquired land, its potentialities and its likelihood of development and improvement would be necessary factors for determining rate of compensation".
7. Thus, the compensation awarded by the Land Acquisition Collector in its award is not found according to legal, equitable criteria, which has been laid down under the law and the wisdom laid down by the apex Court and similarly both, the predecessor-in-interest and the successor-in- interest of office (referee Court), are found at great variance about determination of fair compensation of the acquired land. In case of compulsory acquisition of land the law favours award of fair compensation, which in no case is either very low or exaggerated or exorbitant, so that the acquiring department is found to have acquired the property at reasonable rate while the affectee would felt satisfied on determination of fair compensation of the acquired land.
8. The acquired property is situated in one compact block in the middle of the city having potential value and the referee Court is required to appoint an independent, impartial, competent commission for determination of fair compensation of the acquired land at the time of its acquisition so that the grievances of not only the acquiring department but also the affectees could be redressed in just and fair manner. The local commission shall also associate all the concerned revenue officials for keeping in view the then one year of mixed kind of land and one year of single kind of land besides other factors including future potential value of the acquired land as well as the schedule of valuation prevailing tables for the years 2003 to 2005 and keeping in view the recent judgment of the apex Court on the subject reported as 2014 SCM R 75. The referee Court shall also take into consideration the assessment of land acquired in the same vicinity through Award No, 14 dated 19.12.1994 as well as the gap period in-between the acquisition of previous and the one in hand acquired land.
9. In essence, the Award and the judgments of the referee Courts, delivered by the predecessor-in- office and the successor-in-office, are found in great conflict and, as such, the impugned judgments and decrees of the referee Court are liable to be set aside and objection petitions be remanded for decision afresh after appointment of the local commission, as observed above in the preceding paragraph.
10. So far as the question of apportionment of compensation amount is concerned, a perusal of record would reveal that the learned referee Court in haste decided the matters without consulting the revenue record in respect of entitlement of individual aggrieved person, as such, the judgments and decrees passed in objection petitions filed under. Section 30 of the Land Acquisition Act, 1894 are also liable to be set aside and referee Court is directed to decide the same in the light of evidence and in accordance with law.
11. Consequently, all the regular first appeals and FAO are allowed, impugned judgments and decrees of the referee Court are set aside and the objection petitions are remanded back for decision afresh in accordance with law in the light of observations made hereinabove. In the interest of justice all the objection petitions are remanded to the Court of Additional District Judge- III, Abbottabad with the direction to decide the same within three months positively. The parties are directed to appear before the referee Court on 09.06.2014. No order as to costs.
First /Case Remanded/Judgment of referee Court Set Aside.