IN THE LAHORE HIGH COURT, RAWALPINDI BENCH, LAHORE

R.F.A.No.__________/2024

1. Gul Muhammad deceased son of Ameer Abdullah through legal heirs;

1A. Mst Noor Khanam (widow)
1B. Abdul Hamed
1C. Ghulam Habeeb
1D. Khalid Mehmood
1E. Muhammad Hanif
1F. Muhammad Riast
1G. Mustajab (sons)
1H. Mst Naseem Akhtar
1J. Mst Shamim Akhtar, daughters of Gul Muhammad
1K. Mst Maqsoodan Bibi deceased daughter of Gul Muhammad through
Lrs;
1K(A). Ali Muhammad (husband)
1K(B). Shahid Ali
1K(C). Babar Ali
1K(D). Asad Ali (sons)
1K(E). Mst Abida Khanum daughter of Maqsoodan Begum
2. Abdul Hameed son of Gul Muhammad
3. Abdul Aziz deceased son of Ameer Abdullah through Lrs:
3A. Sajjad Haider
3B. Shoukat Mehmood
3C. Salah ud din Asad (sons)
3D. Mubeen Fatima
3E. Kandeez Fatima
3F. Rukhsana Bibi daughters of Abdul Aziz
all residents of Village Mangial, Tehsil Fateh Jang, District Attock.
……..APPELLANTS
VERSUS

1. Province of Punjab through DOR, Attock

2. Deputy District Settlement Board of Revenue Punjab Lahore.

3. EDO(r) District Attock

 4. DOR, Attock

5. Director (security) Pakistan Atomic Energy Commission P.O Box

No.1114, Islamabad.

6. Chief Security Officer Directorate of Technical Development Pakistan

Atomic Energy Commission P.O Box No. 1611, Islamabad.

7. Land acquisition Collector Fateh Jang, District Attock.

…….RESPONDENTS

APPEAL UNDER SECTION 54 OF LAND ACQUISITION ACT 1894 READ

WITH SECTION 96 CPC AGAINST THE JUDGMENT AND DECREE DATED
23.10.2024 PASSED BY THE LEARNED REFEREE COURT/SENIOR CIVIL
JUDGE ATTOCK IN REFERENCE UNDER SECTION 18 OF LAND
ACQUISITION ACT, 1894 FILED BY THE APPELLANTS AGAINST AWARD
NO.LXXXV-192-DDO(R)FJ, DATED 20.03.2008.

Respectfully Sheweth,

1. That the appellants are owners of land Khasra Nos. 536 measuring
19 Kanals 11 Marlas situated in the revenue estate of Village Doyian
Tehsil Fateh Jang, District Attock.

2. That the land described above has been acquired at the behest of
respondent No.1&2 for a defence project. Notification under Section
4 of Land Acquisition Act was issued by the District Collector Attock
vide No.B.V.544/73-DRA dated 29.01.2005 and No.B.V.563/31/DRA
dated 12.01.2005 which were published in the Gazette of Punjab on
03.02.2005, which were published in the Gazette of Punjab on
03.02.2005. Thereafter Notification Under Section 5 vide No.L-III-
9/758/EDO® dated 12.07.2005 and Notification Under Section 6
bearing No.L-III-9/856/EDO® dated 03.08.2005 were got published
in the Gazette of Punjab on 08.07.2005 and 10.08.2005
respectively.

3. That the acquisition proceedings culmination into Award

No.LXXXXV-192-DDO (R) dated 20.03.2008 whereby the Land
Acquisition Collector respondent No.3 awarded compensation of the
land as described below with 15% compulsory acquisition charges.

Kind of Land Amount of Compensation Award

Loss Rs.9500/- per kanal
Mera Rs.9297/- per kanal
Banjar Qadeem Rs.9000/- per kanal
Ghair Mumkin Rs.8800/-per kanal.
 .
4. That the appellant challenged the said award to reference seeking
enhancement of the compensation @ Rs.10 lacs per kanal, they also
claimed compensation for the trees and cops and so 15%
compulsory acquisition charges and 8% compound interest on the
enhanced amount of compensation.

5. That the reference was contested by respondents No.5 to 7 through

their respective written statements and from pleading of the parties
the learned Referee Court/Senior Civil Judge Attock framed following
issues for final adjudication;

i. Whether compensation of the acquired land given to the

petitioner is inadequate, if so, whether the petitioner are
entitled for its enhancement? OPA.

ii. Whether the petitioner has no cause of action to file instant

petition? OPR.

iii. Whether the reference is liable to be dismissed under Section

25 of Land Acquisition Act? OPR.

iv. Whether the reference is bad due to non joinder of necessary

parties? OPR

v. Whether the reference is barred by law and is not

maintainable? OPR

vi. Relief.

6. That in oral evidence, appellant Abdul Hameed got his statement

recorded as AW-1 while in documentary evidence he produced,
copies of the following records is as under;.

i. Award dated 20.07.2008 DDO ® Fateh Jang Ex.A1.

ii. Copy of Record of Rights as Ex,A2
iii. Copy of Mutation No.520 dated 24.04.2007 of Village Doyian
Ex.A3
iv. Copy of Mutation No.419 dated 14.04.2007 of Village Doyian
Ex.A4
v. Copy of Mutation No. 3269 dated 29-03-2007 as Ex.A5
vi. Copy of Mutation No. 3293 dated dated 18-04-2007 as Ex. A6
vii. Copy of Mutation No. 561 dated 11-06-2011 as Mark A
viii. Copy of Muatation No. 625 dated 08-05-2012 as Mark B.
 7. That conversely Razi Khan son of Noor Muhammad Foresh
Guard was produced as RW-1, Malik Pervez Iqbal, Senior
Adminstrative Officer Attock.XLAC Fateh Jang was examined
as RW-2 and Lt. Col (R) Abu Zafar Javed Butt examined as RW-
3. In documentary evidence the respondents produced copies
of following documents:-

i) List of trees as Ex. R1

ii) Report of DPAC as Ex.R2
iii) Authority letter as Ex.R3
iv) Copy of Gazette Notification as Ex. R4
v) Letter dated 28.01.2004 Ex.R5
vi) Copy of letter regarding legal status of Housing
Society in TMA Fateh Jang Ex.R6.
vii) Copy of Khasra Girdawari of Village Doyian Tehsil
Fateh Jang, District Attock Ex.R7.
viii) Copy of Khasra Girdawri of Village Doyan Tehsil
Fateh Jang District Attock from the year 2008 to 2011
Ex.R8.
ix) Application for investment of compensation of land
and Tress along with order dated 17-09-2009 as Mark A
x) Authority Letter as Ex.R9
xi) Copies of Notifications as Ex.R10.
xii) Objections as Ex.R11.
xiii) Copy of Mutation No.395 dated 29.07.2006 as
Ex.R12.
xiv) Copy of Mutation No.396 dated 31.07.2006 as
Ex.R13.
xv) Copy of Mutation No.442 dated 26.04.2008 as
Ex.R14.
xvi) Copy of Mutation No.425 dated 01.03.2008 as
Ex.R15.
xvii) Copy of Mutation No.387 dated 31.08.2006 as Ex.R16.
xviii) Copy of Award as Ex.R17.
8. That on 28.02.2013 in culmination of the trial proceedings the
Learned Referee Court has partially accepted the reference
whereby amount of compensation has been enhanced to
Rs.50,000/- per kanal along with 15% compulsory acquisition
charges and 8% compound interest from the date of possession till
payment of compensation to the appellants vide judgment and
decree dated 28.02.2013.

9. That the appellants feeling aggrieved of the judgment and decree

dated 28.02.2013 before the Honorable Lahore High Court,
 Rawalpindi Bench, Rawalpindi. The Honorable Lahore High Court,
Rawalpindi Bench, Rawalpindi vide its order dated 18.01.2022
allowed the appeal of the appellants and remanded the reference
of appellants to the Learned Senior Civil Judge, Attock, the order of
the Honorable High Court, dated 18.01.2022 is reproduced herein
as under;

“the Learned counsel for appellants while drawing attention of this

court towards evidence produced by the respective parties
submitted that it was not discussed per its pith & substance, thus
the impugned judgment being tainted with misreading / non reading
of evidence could not be sustained. The learned law officer
appearing on behalf of respondents was invited to respond, who
after going through record could not persuade that the Learned
Referee Court decided the reference per mandate of Order XX Rule
5 of the Code, 1908. Consequently, without touching upon merits of
the lis, lest it should prejudice case of either side, this appeal is
allowed, impugned judgment and decree is set aside and as a result
thereof, the Reference will deem to be pending before the learned
Referee Court, which will re-decide it on the basis of evidence
already available on file within next five months positively.
However, if any of the parties approached the Court below for
production of further evidence, then that matter should
independently be dealt with prior to final culmination of the
Reference”.

10. That in compliance of the order passed by Honorable Lahore High

Court, Rawalpindi Bench, Rawalpindi, both the parties recorded oral
as well as documentary additional evidence and after recording of
evidence, the Learned Referee Court vide judgment/decree dated
23.10.2024 passed the impugned judgment in terms that Learned
Referee Court partially accepted the reference of the appellants
whereby amount of compensation has been enhanced to
Rs.200,000/- per kanal for Maira, Banjar Qadeem, Lasss & Ghair
Mumkin Kinds of land along with 15% compulsory acquisition
charges and 8% of compound interest from the date of taking over
the possession of acquired land till its realization after the deduction
 of compensation, if received already by the petitioners. To the
extent of standing trees, the claim of appellants is declined.

11. That the appellant respectfully seek to enhance the amount of

compensation in terms of their claim @ Rs.10 lacs per kanal and
compensation for the trees and crops along with the 15%
compulsory acquisition charges with 8% compound interest on the
amount sought to be enhanced on the following inter alia;

GROUNDS:

a. That the impugned judgment and decree is illegal and arbitrary.

b. That the impugned judgment and decree is based on misreading

and non reading of evidence available on the record.

c. That the Learned Referee Court has miserably failed to

appreciate the evidence.

d. That the land so acquired is highly potential one and is located

just at the boundary of new Islamabad Airport on the main
Rawalpindi Fateh Jang Road.

e. That the Learned referee court has also remained advertent to

the evidence to the effect that the land is surrounded by a
number of Housing Societies as is evidence from Ex.R6 i.e. the
list of such societies produced by the respondents, but the
Learned REferree Court was failed to ascertain the actual
potential value of the acquired land, hence the rate of acquired
land very meager in tune of Rs.200,000/- per kanal, which would
be Rs.10,00,000/- per kanal.

f. That the Learned Referee Court while passing the judgment and
decree dated 23.10.2024, in Para No.45 of Judgment and decree
referred the Mutation No.419 dated 24.04.2007 as most
authentic mutation for the purpose of determination of the actual
value of the acquired land, because in the Mutation No.419 dated
24.04.2007 as Ex.A4, the land measuring 1K-8M was so
purchased by the department of Government of Pakistan in lieu
of Rs.550,000/- per kanal, but the Learned Referee Court while
 determining the value of the acquired land determined as
Rs.200,000/- per kanal and did not give weight to the mutation
No.419 dated 24.04.2007, therefore, the Learned Referee Court
was miserably failed to determine the market value as well as
potential value of the acquired land, hence the impugned
judgment and decree is liable to be set aside.

g. That mushroom like growth of the societies in the vicinity being a

sufficient evidence by itself on the potential value of the land and
goes a long way to prove that market place of the land has
escalated enormously and it is for this reason that the plots are
being sold by all these societies at the rate of about Rs.20 Million
per kanal.

h. That in addition to the above, there are commercial plazas,

Markets, petrol pumps, CNG Stations on the main Rawalpindi
Fateh Jang road being contiguous to the land so acquired.

i. That the acquired land is very nearest to the

Rawalpindi/Islamabad to Kohat Fateh Jang, having worth of Rs.01
Million per kanal ,but Learned Referee Court did not consider this
fact and passed the impugned judgment and decree in a
mechanical and slipshod manner.

j. That after remand proceedings of the instant case/matter,

Muhammad Iqbal (Ex.Consultant) PAEC appeared as RW-4 in the
witness box, during the cross examination, he categorically
admitted tha the acquired land was/is very near to the CPEC as
well as establishment of housing societies near to the acquired
land, passing of G.T Road is also exist near to the acquired land
as well as availability of sui gas in Mouza Doyian, but all these
factors were not considered by the Learned Referee Court while
passing the impugned judgment and decree dated 23.10.2024.

k. That the land is situated at a distance of about 16 K.M from

Tarnol District Islamabad and 9 K.M from the boundary of
Islamabad Capital Territory. Moreover, it is located about 5 K.M
from Motorway Fateh Jang inter change.
l. That all the above facts being admitted have not only been
ignored by the Land Acquisition Collector but also by the Learned
Referee Court while determining price of the land for
compensation purposes.

m. That every modern facility and amenity of life, like Electricity,

Gas, Metal Roads Schools, College, Dispensary, Rural Health
Centre and banks are located adjacent to the land, but these
facts being obvious and available on record, have also not been
considered lawfully and judiciously by the Learned Referee Court.

n. That as for compensation of trees standing on the land, RW1

himself as admitted that market value thereof had been
assessed lesser than the market value, but the Learned Referee
Court dismissed the claim of the appellants qua the standing
trees and did not award any compensation towards standing
trees.

o. That as for compensation of trees standing on the land, RW1

himself as admitted that market value thereof had been
assessed lesser than the market value.

p. That present and future potential value of the land has nto been
considered and appreciated properly by the learned Referee
Court.

q. That nothing is available on record to rebu claim of the

appellants qua amount of compensation and this being so the
Learned Trial Court has not exercised its jurisdiction lawfully by
making enhancement of compensation with a very nominal and
meager amount.

r. That the appellants have been deprived of their very valuable

lands being the only source of their livelihood of the appellants
and also that of their future generation.

s. That the impugned judgment and decree has resulted into grave
miscarriage of justice.

t. That the appropriate court fee has been paid in the form of court
fee stamps.
PRAYER:
Under the above mentioned circumstances, it is, therefore,
respectfully prayed that appeal of the appellant may kindly be accepted and
to enhance the amount of compensation @ Rs.10 lacs per kanal with
enhancement of compensation of the trees and crops and 15% compulsory
acquisition charges with 8% compound interest on the enhanced amount of
compensation in favour of the appellant and against the respondents with
costs.

And any other relief which this Honorable Court deems fit
and proper may also be awarded in favour of the Appellants.

APPELLANTS

Through

MALIK QAISAR MASOOD

Advocate High Court
C.C.No.22025

CERTIFICATE:
This is the first appeal ever moved before this Honourable Court on the
subject as per information received from the appellant. No other appeal
regarding the same matter is pending adjudication before any other
competent court of law including High Court or Supreme Court of Pakistan.

COUNSE

IN THE LAHORE HIGH COURT, RAWALPINDI BENCH, LAHORE

R.F.A.No.__________/2024

Gul Muhammad and others

VERSUS
Province of Punjab and others

APPEAL UNDER SECTION 54 OF LAND ACQUISITION ACT 1894 READ WITH

SECTION 96 CPC AGAINST THE JUDGMENT AND DECREE DATED 28.02.2013
PASSED BY THE LEARNED REFEREE COURT/SENIOR CIVIL JUDGE ATTOCK IN
REFERENCE UNDER SECTION 18 OF LAND ACQUISITION ACT, 1894 FILED BY
THE APPELLANTS AGAINST AWARD NO.LXXXV-192-DDO(R)FJ, DATED
20.03.2008.

AFFIDAVIT
I, Ghulam Habib son of Gul Muhammad, resident of Village Mangial, Tehsil
Fateh Jang, District Attock, do hereby solemnly affirm and declare that the
contents of the accompanying appeal are correct to the best of my
knowledge and belief and nothing has been concealed there from.

DEPONENT

VERIFICATION:-
Verified on oath at Rawalpindi on this November __, 2024 that the contents
of the above affidavit are true and correct to the best of my knowledge and
belief and nothing has been concealed.

DEPONENT
 IN THE LAHORE HIGH COURT, RAWALPINDI BENCH, LAHORE

R.F.A.No.__________/2024

Gull Muhammad and others

VERSUS
Province of Punjab and others

APPEAL UNDER SECTION 54 OF LAND ACQUISITION ACT 1894 READ WITH

SECTION 96 CPC AGAINST THE JUDGMENT AND DECREE DATED 28.02.2013
PASSED BY THE LEARNED REFEREE COURT/SENIOR CIVIL JUDGE ATTOCK IN
REFERENCE UNDER SECTION 18 OF LAND ACQUISITION ACT, 1894 FILED BY
THE APPELLANTS AGAINST AWARD NO.LXXXV-192-DDO(R)FJ, DATED
20.03.2008.
INDEX

S. No. DESCRIPTION ANNEX PAGE

Appeal U/S 54 of Land Acquisition Act
1. 1894 along with affidavit --
Certified copy of impugned judgment
2. dated 23.10.2024 A
Certified Copy of reference filed by the
3. appellants B
4. Vakalatnama --

APPELLANTS

Through

MALIK QAISAR MASOOD

Advocate High Court
C.C.No.22025