' ABAID ULLAH KHAN, J.-This appeal aiming at getting slashed down the amount of compensation determined by the learned Civil Judge, Lahore, by his judgment of the 7th December, 1985, for payment to the respondents for compulsory acquisition of their land arises out of the following circumstances. 64 Kanals 16 marlas of land situate in the area of village hung, tehsil and district Lahore, of which the land in dispute meal ring 55 kanals 5 marlas forms a part, was acquired by the Government for the purpose of construction of a drain. 55 kanals 5 marlas of the land in question, which once constituted evacuee property, was allotted to the late Said Muhammad, father of the respondents, od the 29th March, 1972. 47 kanals 5 marlas of land was recorded id the revenue papers as nehri and the remaining 8 kanals was described as banjar qadeem and ghair mumkin.
2. Notification indicating the Government's intention to acquire the land under section 4 of the land Acquisition Act, 1894, was published in the official gazette on the 24th June, 1966. The Collector of Lahore district estimated the cost of the land in question at the rate of Rs,1,603.40 per kanal. Though the respondents put forth their demand before the Land Acquisition Collector for compensation at the rate of Rs,4,000.00 per kanal yet the latter, by his award, announced on the 17th July, 1978, assessed the value of 47 kanals 5 marlas of nehri land at the rate of Rs,400.60 per kanal and that of 8 kanals of banjar qadeem and ghair mumkin at the rate of Rs,100.00 per kanal. In addition to 15 per cent compulsory acquisition charges the Collect6r, as required by section 34 of the Land Acquisition Act, directed payment of compound interest at the rate of 8 per cent per annum on the amount of compensation which the appellants were to get under the award, from the 29th March, 1972 (when the land was allotted to the appellants' father) to the 17th July, 1978 (it is not on the record that the amount of compensation was paid by the Government earlier). He did not consider the appellants to be entitled to receive interest from the 30th April, 1963 (when the possession of the land was taken over by the Government), because they had no interest in the land prior to the 29th March, 1972, the date of allotment of the land in the name of their father.
3. The respondents, having not accepted the award and describing the compensation to be inadequate, moved the Collector for referring the matter to the Court for determination of correct amount of compensation. They averred that the land was bounded by Lahore Airport, Packages Factory, R.A. Bazar and Officers Colony of Lahore Cantonment and its value was not less than Rs,5,000.00 per kanal. They pointed out that the Collector of Lahore District had worked out the value of the land at the rate of Rs,1,603.00 per kanal but the Land Acquisition Collector had ignored to take it into account for no valid reason and that his estimation of the market value was not based on legal and proper considerations. The Government stuck to its stand that the market value of the land was no more than the one ascertained by the Land Acquisition Collector. The learned trial Court appointed one Abdul Rashid Tariq as Commissioner to make inquiry and find out the market value of the land at-the time of acquisition. It banked upon the Commissioner's finding that in 1966 the price of the land in dispute must be Rs,4,000.00 to Rs,5,000.00 per kanal.
Curiously enough it read, in 'fact in misread, into the judgment of this Court delivered in R.F.A. No, 88 of 1970, Abdul Qayyum Malik v. Land Acquisition Collector, Lahore, fixation of compensation at the rate of Rs,5,765.00 per kanal although in actuality this Court had directed payment of compensation at the rate of Rs,3,600.00 per kanal in R.F.A. No, 88 of 1970 and at the rate of Rs,4,000.00 in R.F.A. No, 96 of 1970. The learned trial Court formed the view that the, market value of the land in dispute was not less than Rs, 5,000.00 per kanal and accordingly allowed the respondents -to receive compensation at the said rate. 15 per cent compulsory acquisition charges and compound interest from April, 1963, when the possession of the land was taken over by the Government, were also ordered to be paid to the respondents.
4. During the course of arguments it transpired, and this fact was not disputed by the learned counsel for the parties, that the evidence on the record, barring the judgment of this Court in R.F.A.
No, 88 of 1970 (copy Exh. P.2), was least helpful to resolve the issue. The view of the Commissioner that in 1966 the value of the land must be from Rs, 4000.00 to Rs, 5000.00 per kanal is based on mere conjectures and not on cogent evidence and solid material. Therefore, his observations regarding price of the land are not worth taking into consideration.
5. This Court, in its judgment (copy Exh. P.2) disposing of R.F.As. Nos. 88 and 96 of 1970, determined compensation in respect of land lying in the contiguous village of Sehajpal, which had been acquired for the extension of Lahore Airport pursuant to the notification under section 4 of the Land Acquisition Act published on the 1st May, 1968, at the rate of Rs, 3600.00 per kanal in R.F.A. No, 88 and at the rate of Rs, 4,000.00 per kanal in R.F.A. No, 96 of 1970. The land in dispute lay in the same local area where lands forming subject matter of R.F.A. Nos. 88 and 96 of 1970 lay and it was in no way inferior to either of them. There was no appreciable difference between the prices obtaining there on the 24th June, 1966, and the 1st May, 1968, when the notifications under section 4 of the Land Acquisition Act in the two cases were published. There is no reason to evaluate the appellant's land differently. It would be fair to determine the value of the land in question at the rate of Rs, 3600.00 per kanal for ascertaining the compensation payable to the appellants.
6. It may be mentioned that prior to the 29th March, 1972, when the land in dispute was allotted to Said Muhammad, he or for that matter the respondents had no interest in the land in dispute.
Therefore, they are not entitled to receive compound interest from an earlier date even though the possession had been taken over on the 30th April, 1963.
7. In view of the above this appeal is accepted with costs throughout, the judgment of the learned trial Court is modified to the extent that the respondents will receive compensation equivalent to the value of the land in dispute worked out at the rate of Rs, C 3600.00 per kanal. They will get 15 per cent of the aforesaid amount as compulsory acquisition charges. They will be entitled to receive compound interest on the total amount of compensation at the rate of 8 per cent from the 29th March, 1972, to the 17th July, 1978.