1. ' ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the judgment of Lahore High Court dated 16-11-1987 partly allowing petitioner's appeal, in that, in addition to compensation amount awarded by the Senior Civil Judge, Sialkot, she was allowed "15% of the amount of compensation in consideration of compulsory nature of acquisition as well as compound interest at the rate of 8% per annum on the amount of compensation assessed by the Collector from the time of taking over possession of the land till the payment or deposit of the aforesaid amount".
2. Originally petitioner was awarded compensation at the rate of Rs,3,040 per kanal for her agricultural land and Rs,13,050 in respect of her house on the land as against her claim of compensation at the rate of Rs,,13,000 per kanal. On reference at the instance of the petitioner learned Senior Civil Judge, Sialkot did not accept petitioner's plea for higher compensation in respect of land but he awarded compensation in respect of the construction of the house at the rate of Rs,17,738.84, Rs,2,280 for the land underneath at Rs,152 per marla, Rs,950 for hand-pump and Rs,18,000 for Guava plants and thus increased the compensation to Rs,22,768.84. On appeal, however the High Court awarded the additional amount mentioned above.
3. Mr.Taqi Ahmad Khan, learned counsel appearing in support of the petition submits that the Courts below have failed to consider the potential value of the land compulsorily acquired and relied in this behalf on the decision of this Court in Fazl-ur-Rehman v. General Manager, S.I.D.B. PLD 1986 SC 158 and ' certain other cases of the High Court.
4. ' The aforesaid point, amongst others, deserves consideration. We, therefore, grant leave to appeal and allow the petition.
5. ' Security -- Rs,2,500.
6. ' Appeal will be heard on the present record but it is open to the parties to file additional documents, if any.