' Briefly stated the facts of the case are that respondent No,1, Land Acquisition Collector, Charsadda initiated acquisition . Proceedings for acquiring the land in question for providing a graveyard for the inhabitants of Village Qaid Abad, Tehsil and District Charsadda on 10-4-1982.
2. The Collector, after observing the requisite legal formalities, regarding the compensation to be paid to the landowners, gave his Award No,861/MM, dated 23-8-1982.
3. Dissatisfied with the compensation awarded through the said Award the landowners/Objectors submitted Objection Petition under section 18 of the Land Acquisition Act, 1894. The Collector referred the Objection Petitions to the Senior Civil Judge/Acquisition Judge, Charsadda (Mian Muhammad Ashfaq) for further necessary action.
4. The parties were summoned and after recording evidence pro and contra in respect of their pleas the Land Acquisition Judge by his judgment recorded on 20-2-1992 dismissed the Objection Petitions.
5. It may be remarked that the matter remained pending disposal with the Senior Civil Judge/Land Acquisition Judge for more than 10 years.
6. Aggrieved by the said judgment of the Land Acquisition Judge the appellants have filed this Regular First Appeal which is pending disposal in this Court for the last more than 7 years.
7. Haji Muhammad Zahir Shah, Advocate learned counsel for the appellants, Mr. Muhammadullah, Advocate, learned counsel for respondent No,1/District Council, Peshawar, Kh. Azhar Rashid learned Assistant Advocate-General for respondent No,2/Collector and Min Hisamuddin, Advocate learned counsel for respondents Nos.3, 4 and 5 present and heard. Record of the case perused.
8. A perusal of the record would show that according to the "Ausat Yaksala" (Exh.O.W.6/2) and "Ausat Panjsala" (Exh.O.W.6/1) the price of the acquired land comes to Rs,6,224.60 per Kanal.
9. The learned counsel for the parties have admitted and rightly so that the Collector should have fixed the price of the land @ Rs,6,224.60 per Kanal. Resultantly this Regular First Appeal is accepted and the price of the land acquired, @ Rs,765.50 per Kanal, is enhanced to Rs,6,224.60 per Kanal i,e,, according to the "Ausat Yaksala" (Exh.O.W.6/2) and "Ausat Panjsala" (Exh.O.W.6/1). Additionally the appellants shall be entitled to get the compulsory acquisition charges @ 15% + 6% interest as specified in the Award.