Before the Court of Learned Referee Judge Mardan

Petition No._______/2022

Fazal Muhammad S/o Shehzada R/o Mayar, Tehsil & District

Mardan …….Petitioner

V/S
1. Government of KPK, The District land Acquisition
Collector, Mardan
2. Project Director/Principal Bacha Khan Medical
College Mardan
3. The executive engineer C&W Building Division
Mardan
4. The Commissioner Mardan Division Mardan
5. Land Acquisition Collector Mardan
6. District Coordination Officer (DCO) Mall Deputy
Commissioner Mardan
7. Tehsildar Mardan ….. Respondents

Subject:- Application Under Section 151 CPC read with

order 21 CPC for payment of enhanced amount
of compensation to the petitioner, at the rate of
Rs.1,25,000/- per Marla along with 15%
compulsory acquisition charges and 6% interest
of in reference petition No.98/6 of 2011 decided
by this Hon’able court on 10/10/2020 tattled as
Lal Pur Vs Government of KP etc who were
held entitled for the enhanced amount as per the
judgment of the Supreme Court of Pakistan
reported in PLD 2010 SC-878, 2013 CLC
Peshawar .

Value of the purpose of court fee Rs.500/-

Value for the Jurisdiction Rs.500./-
Respectfully Sheweth:,

1. That the respondents acquired certain land for the

construction of “ Bacha Khan Medical College Mardan at
moza palato through award No.96/4/ LA Cell dated
10/10/2011. (Copy of Award is hereby attached)

2. That as per the award, the compensation for the acquired

land was fixed a very meager rate per marla beside other
benefits as per law.

3. That some of the land owners filed reference petitions

before the LAC who referred the same for adjudication
before the learned District Judge Mardan who further
entrusted the matter for the disposal to Additional District
Judge Mardan.

4. that this Hon’able court after recording pro and contra

evidence of the parties, enhanced the amount of
compensation from Rs.2800/- per marla to Rs.125,000/-
per Marla vide his judgment / order dated 05/03/2018.

5. That land of the present petitioners were also acquired

through the same award who challenge the impugned
award through a reference petition, however the same
were modified by the honorable pesahwar high court
peshaar wherein, the rate of compensation was enhanced
to the tune of Rs. 125000/- per marla alongwith 6% simple
interest and 15% compulsory acquisition charges through
RFA No. 146-P/2014 on dated 05/03/2018. (Copy of
RFA is hereby by an attached)

6. That by now it is an established principle of law and

justice that when a competent court of law once
determined a question of fact or law and benefits a party
for some relief then, the benefits of that relief will also be
extended all those who even have not approached the
court for that relief. The wisdom was acquired from a
judgment of Supreme Court of Pakistan reported in PLD
2010 SC 878, which judgment was also followed in
various cases by the Peshawar High Court. (Copies are
attached)
 7. That as property of the petitioners were of identical nature
and situated in the same vicinity and locality which was
acquired through the same award, which has already been
modified by this Hon\able court.

8. That under the construction of Islamic Republic of Pakistan,

every citizen is equal in the eyes of law and they are entitled
to be treated equality.

9. That any other grounds and points will be raised at the

time of hearing with prior permission of this Hon’able
court.

It is, therefore, very humbly requested that while

accepting the present petition, the petitioners may
please be paid the enhanced amount of compensation
along with other benefits as required by the ibid Act
as per the judgment passed by the Hon\able Referee
court Mardan.

Dated 01/11/2022
Petitioner_______________
Fazal Muhammad

Through
________________________
Noor Badshah Advocate
High Court Distt: Courts
Mardan
Nafees Khan Advocate District
Courts Mardan

Affidavit
I, do hereby solemnly affirm and declare on oath that
all the contents of the petition are true and correct to
the best of my knowledge and belief.

Deponent________
Fazal Muhammad