SYED JAMSHED ALI, J.---This appeal is directed against the judgment and decree dated 9-2-1985, whereby, the A application of the appellants under section 18 of the Land Acquisition Act for enhancement of compensation has been dismissed. It arises out of the following circumstances:-
2. Land measuring 650 Kanals and 4 Marlas was acquired for the construction of substation, Lahore and approach road by the Water and Power Development Authority in Mauza Muradey Kalan, Tehsil and District Sheikhupura. This included land measuring 75 Kanals and 9 Marlas of the appellants in Square No,56 of the said Mauza. Notification under section 4 of the Land Acquisition Act, 1894 was issued on 24-1-1989 and the award was rendered on 6-10-1990. The Land Acquisition Collector assessed the market price of the land of the appellants at Rs,49,250 per Acre (as on the date of notification under section 4 of the Land Acquisition Act). The appellants, feeling aggrieved, tiled a reference under section 18 of the said Act claiming compensation @ of Rs,5 lacs per Acre.
Their claim was resisted. Necessary issues were framed and after recording the evidence, the learned trial Court found that the compensation awarded to the appellants was just and fair. The appellants were, however, found entitled to 8% compound interest and 15% compulsory acquisition charges. The reference was accordingly answered vide judgment dated 9-2-1995, which has been assailed in this appeal.
3. The learned counsel for the appellants. on the basis of sale agreement, Exh.A-2 and the sale- deeds Exh.A-3 to Exh. A.8 and Exh. A-10 to Exh. A-12 submits that the market value of the land in the vicinity was not less than Rs, 3 lacs per acre. According to him, out of the land of the appellants, 4 Acres were situated on the link road connected with metalled Sharaqpur: road, while, rest of the area was on the back of the atoresaid Killas and thus it was more expensive than the other land of the revenue estate for which the compensation awarded was Rs,49,250 per Acre.
4. On the other hand, the learned counsel for the respondents replied on the estimated costs approved by the Board of Revenue (Exh. R-1) and the statement of A.W-2, (a Member of the Zila Council, examined by the appellants that the land on the road side was about Rupees one lac per.
Acre. He also invited our attention to the award of the learned Acquisition Collector, according to which, he had visited the spot, made inquiries and, thereafter, reached the conclusion that the market price of the acquired land as on the date of notification was Rs,49,250 per Acre.
5. The learned trial Court observed that the land of the appellants was situated for away from the main road, no other landowner whose land was acquired had agitated against the quantum of compensation. the documents Exhs.A-3 to A-7 and Exh.A-10 to Exh.A-12 were not relevant for determination of the compensation, the land of the appellants was agricultural in character and retained the said character on the date of notification under section 4.
6. We have considered the submissions, made by the learned counsel for the parties and have perused the record. Exh.A.W-3 to A.W-6 are the sale-deeds made in this revenue estate in 1983, while Exh.A-7 pertains to the year, 1986. In 1983 it was sold for. Rupees one lac per Acre while in 1986. it was sold for Rs,1,44,000 per Acre. All these sale-deeds pertain to the land, situated in. Killa Nos, 17 and 18 of Sq. No 54. According to Aks Shajra, placed on record as Exh. A-1, Kila No,17 is situated on the, main metalled Sharaqpur Road, while Kila No,18 is on the back of Kila No,17, while 4 acres of the appellants was situated on Katcha road leading from main 'Sharaqpur Road. The nature and potential- of the land. mentioned in Exhs.A-3 to A-7 is materially different than the land of the appellants. These sale-deeds could not, therefore, be relied upon to work out the market value of the land in Square No,56. Exhs.A.W-10 to 12 are sale-deeds pertaining to the year 1991 and, therefore, these were also not relevant either. As far sale-deed Exh. A-8 is concerned, the appellants had sold land measuring 4 Kanals for Rs,1.60,000 vide sale-deed dated 28-11-1990. The per Acre rate, according to this sale-deed, works out to Rs,3,20,000. This sale was made after the date of notification under section 4 of the Land Acquisition Act. This sale-deed preceded agreement to sale dated 6-12-1988 (Exh.A-2), but since the appellants were the vendees, neither the sale-deed Exh. A-8 nor Exh.A-2 could relied upon. No other evidence was produced by the appellants to demonstrate the market price of the similarly situated land in the aforesaid revenue estate. Their own witness, the Member of the Zila Council, who was examined as A.W-2 on 42-1992, stated that price of the land on the roadside was Rupees one lac. If in the year, 1992 it was Rupees one lac on the roadside then the claim of the. appellants that the market price of the land in 1989 was Rs,3,20,900 cannot be sustained. We have also taken, into consideration the fact that except the appellants, no other landowner agitated against the quantum of compensation, determined by the Land Acquisition Collector. We, therefore, see no ground to interfere. This appeal is dismissed accordingly.