G. M. Koumo, J.-The facts giving rise to the present appeal briefly stated are, that by a notification dated 13-2-1969 issued under section 4 of the Land Acquisition Act, 1894 (hereinafter called the Act) as amended by Act XXXVIII of 1923, the land in all covering area of 141 acres 5 Ghuntas in different survey numbers in Deh Safooran, were proposed to be acquired viz. For construction of Transmitting Station and Antenna lay out at Karanchi Airport. By another notified notification dated 9-7-1969, the Deputy Commissioner acquired the aforesaid laid on 13-8-1969. He issued notices under section 9 of the Act requiring the claimants to submit their claims for compensation and also disclose their-interest in a statement to be filed under section 10 of the Act giving the particulars mentioned therein. The claimants submitted their claims, claiming Rs. 10 per sq. Yds. i.e., Rs. 48,400 per acre for lands acquired. The Deputy Commissioner after hearing the parties and considering the previous sales of the lands in the vicinity awarded compensa--tion of Rs. 5,500 per.
Acre for all the the lands which were held on restricted tenure. Being dissatisfied by the award the claimants required the Deputy Commissioner to make a reference to this Court under section 18 of the Act. The claimants examined Ali Ahmed son of Yar Muhammad Tapedar in support of their claim and the parties also placed on record copies of the judgments in the following cases;
(1) Civil Reference No. 3/67 (Exh. 5) Deputy Commissioner v. Abobaker Waheed and others.
(2) Civil Reference No. 54/68 (Exh. 6) Deputy Commissioner v. Abdul Waheed and others.
(3) Civil Reference No. 28/69 (Exh. 7) Deputy Commissioner v. E Dinsha and others.
(4) Copy of award dated 20-3-1976 in acquisitions proceedings.
(5) Extract from the record.
2. Considering the above evidence and documents on the record the learned Single Judge modified the award by holding that claimants were entitled to be compensated at the rate of Rs.
14,520 per acre. In addition he directed that they are also entitled to receive statutory allowances at 15 on the amount of compensation and interest in accordance with the provisions of the Land Acquisition Act, 1894 as amended froth time to time. He further observed that such claimants who had already accepted the compensation awarded to them by the Deputy Commissioner and did not require the Deputy Commissioner to make a reference in respect of the compensation awarded to them, their case shall not be governed by the Judgment.
3. Aggrieved by the judgment of the learned Single Judge the claimants have come in this appeal.
4. We have heard the learned counsel appearing on behalf of the parties and have also examined the evidence oral as well as documentary brought on the record by the parties. The learned Single Judge scrutinized the different cases in respect of the sales as enumerated by Tappedar Ali Ahmed in his evidence examined by the claimants themselves as well as the cases of sales arising out of the Civil Reference placed on the record above-mentioned and came to conclusion that except in the case of sale in respect of survey Nos. 6.196 and 229 measuring in all 15 acres 2 ghuntas situated in the same Deb Safooran and sold for Rs. 2,25,425 at the rate of Rs. 14,520 per acre on 6-4-1969 only after about IJ months after the date when the lands in question were acquired by a Notification dated 13-2-1969 under section 4 of the Act, none of the sales were either in the vicinity of the acquired land nor they were executed near about the relevant time when the notification under section 4 of the Act was issued: What we find that some of the sales pertain to the years 1964 and 1968 and in respect of one of such lands the land was situated absolutely is different Deb Thano. The market value of the acquired land at the relevant time, therefore, was determined on the basis of the sales which were in respect of the lands either in the vicinity of the acquired land and near about the relevant time when the lands in question were acquired. The learned Single Judge very, rightly, therefore, could not find any other direct evidence of sale of land which was made about the time when the lands in question were acquired except that of 15 acres 2 ghuntas bearing S. Nos. 6, 196 & 229 situated in same Deb Safooran and sold or, 5-4-1969 at the rate of Rs.
14,520 per acre. In that respect the learned Single Judge observed as under :- "However, there is a direct evidence of sale of land which was made ., about the time when the lands in question were acquired, measuring 15 acres two gbuntas land bearing Survey Nos. 6.196, 229 situated at the same Deb and sold on 5-4-1969 for Rs. 2,25,425 which gives a rate of Rs. 14,520 per acre. This sale was effected about li months after the date when the lands in question were acquired, and this could,in my opinion, form the safest, just and fair basis of fixation of the market value of the lands at the relevant time."
5. Considering the entire facts and circumstances of the case and the evidence adduced by the parties on the record. We do not consider that the assessment of the compensation by the learned Single Judge was in any respect arbitrary, unfair or unjust. The judgment passed by the learned Single Judge, therefore, does not call for any interference.
6.The result, is, that the appeal is dismissed with no order as to costs.