Judgement

Consolidated Appeals (No. 39 of 1938) from twelve decrees of the Court of the Judicial Commissioner (July 28, 1936) affirming, in some instances with slight modifications, twelve decrees of the District Judge of Peshawar (February 15, 1935), which in turn had affirmed, with a modification in one instance, twelve awards made by the Land Acquisition Officer and Collector of Peshawar and Kohat for buildings erected on land held on cantonment tenure which had been acquired compulsorily from the appellants by the Government of the North-West Frontier Province under the Land Acquisition Act (I. of 1894).

This appeal raised questions (inter alia) as to the proper method of valuing the buildings on the land to be compulsorily acquired and the principle applicable, and whether an additional allowance should be made to the valuation in respect of amenities such as trees, gardens, etc, associated with the enjoyment of the buildings.

The facts appear from the judgment of the Judicial Committee.

A. M. Dunne K.C. and S. P. Khambatta for the appellants.

J. M. Tucker K.C., W. Wallach and the Hon. Quintin Hogg for the respondent.

1939. June 30. The judgment of their Lordships was delivere