' The facts of the present case are few and simple. The land belonging to respondents Nos.1 to 14, situated in Village Gomal, Tehsil and District Dera Ismail Khan was acquired by respondent No,15, the Land Acquisition Collector, Chashma Right Bank Canal Project, vide: Award No,11, dated 13-3- 1990. The Collector determined the amount of compensation as under:--- Nalchahi @ Rs,3235.12 Per Kanal. Banjar Qadeem @ Rs,859.32 Per Kanal. Ghair Mumkin @ Rs,429.60 Per Kanal.
2. Aggrieved by the said Award, respondents Nos.1 to 14 filed an Objection Petition before respondent No,15 wherein it was prayed that the matter be referred to the District Judge, D.I. Khan for the determination of the compensation. When the matter was sent to the District Judge, D.I.
Khan, he transferred it to the Senior Civil Judge. D.I. Khan (Land Acquisition Judge) for disposal.
However, under the order of the then Chief Justice, since all the land acquisition cases pending before the Senior Civil Judge were directed to be transferred to the Court of District Judge, this petition too was accordingly sent to the Court of District Judge.
3. The objection petition was ultimately accepted and the compensation amount of Nalchahi land was enhanced from Rs,3235.12 Per Kanal to Rs,5,000 per Kanal alongwith 15% compulsory acquisition charges and 6% compound interest from the date of possession till the date of payment.
4. Dissatisfied by the verdict of the Referee Judge, the WAPDA has filed this appeal.
5. Mr. Mazhar Alam Khan Miankhel, Advocate learned counsel for the appellant, Mr. Rustam Khan Kundi, Advocate learned counsel for the respondents Nos.1 to 14 and Haji Saadullah Khan Miankhel, Advocate learned counsel for the Collector (respondent No,15) present and heard. Record of the case perused.
6. It may be stated at the very outset that the market value of the suit land, according to "Ausat Yaksala" Exh.P.W.1/1, comes to Rs,5,344.35. According to another one year average price Exh.P.W.1/2 the market value of the suit land per Kanal comes to Rs,5,670.30. As against this the Land Acquisition Judge has fixed the price of the suit land at Rs,5,000 per Kanal vide: his judgment recorded on 14-2-1994.
7. Since the Acquisition Judge has given valid reasons for his conclusions and has fixed the price of the land, which to my mind, is not at all excessive in the circumstances of this case, therefore, no reason exists and none indeed has been made out as to why this Court should interfere with the judgment of the Referee Judge.
8. This appeal has no substance and is accordingly dismissed.