1. ANWARUL HAQ, J -This order will dispose of Civil Petitions Nos. 13-P and 15-P of 197?, both of which have arisen out of acquisition proceedings taken in respect of the lands owned by the two petitioners, Wali Mohammad and Rahmanuddin, for the purpose of establishing a rice factory outside Dera Ismail Khan town.
2. Necessary notification under section 4 of the Land Acquisition Act was issued by the Commissioner, Dera Ismail Khan Division on 18-11-1964. The petitioners did not file any objection under section 5-A of the Act, and accordingly notifications under sections 6 and 7 were issued on the 19th of June 1965. Then followed proceedings under section 9 of the Act for fixing the value of the land. The Collector inspected the site and found that the land owned by the petitioner Rahmanuddin (in C. P.
3. 15-P/72) was Banjar Qadeem and situated in a depression. It was fit neither for agricultural purposes nor for building of houses. However, the land owned by the petitioner, Wali Mohammad (in C. P. 13-P./7l) was Nehri agricultural land. The Collector assessed the average price of the land at Rs. 268 and 10 annas per kan7l for Banjar Qadeem and at Rs. 400 per kanal for Nehri laud, besides the 15% compulsory acquisition charges under the law.
4. Dissatisfied by the Collector's award the petitioners made applications under section 16 of the Act for the reference of the matter to the Court. In these proceedings the learned District Judge, Dera Ismail Khan, assessed the price of Banjar Qadeem land at Rs. 300 per kanal and of Nehri land at Rs.
5. 500 per kanal. These rates of compensation have been upheld in appeal by a Division Bench of the High Court at Peshawar by its order dated the 9th of December 1971.
6. It is contended on behalf of the petitioners that the learned District Judge as well as the learned Judges of the High Court have erred in not giving full effect to the price mentioned in a sale-deed of contiguous land in favour of the mother of respondent No. 2, Haji Faiz Mohammad, who is the proprietor of the rice factory for which the land in both these cases has been acquired. In the relevant sale-deed the price mentioned was Rs. 800 per kanal for Nehri land; but Haji Faiz Mohammad deposed before the Court that in fact the price paid was Rs. 500 per kanal, and an inflated figure had been mentioned in the sale deed so as to defeat prospective pre-emptors. This statement was accepted by the learned District Judge, and has not been doubted by the High Court. The learned counsel for the petitioners argues that the Courts below should not have accepted the oral statement of Haji Faiz Mohammad in this behalf.
7. It will be seen that the contention raises merely a questions of fact, namely, whether the oral statement of Haji Faiz Mohammad should have been believed or not for the purpose of determining the true value of the land sold. The Courts below having taken certain view of this evidence, we do not see how it is open to this Court to interfere with the same.
8. The learned counsel next contends that the Courts below have failed to give a direction that the petitioners should be paid interest, in terms of section 34 of the Land Acquisition Act as amended by the West Pakistan Act III of 1969, on the difference of the price as assessed by the District Judge and that awarded by the Collector, for the period the excess amount remains unpaid. We consider that this is not a matter which would justify grant of special leave to appeal, as the law appears to place a duty upon the Collector to pay interest in terms of section 34 of the above-mentioned Act.
9. If this duty is not carried cut the appropriate remedy for the petitioners would be to approach the District Court or the High Court for necessary relief.
10. With the foregoing observations both the petitions are hereby dismissed.