| Case ID |
005904d0-bed2-4cdf-aa33-df8088ccd851 |
| Body |
View case body. Login to View |
| Case Number |
Regular First Appeals Nos.81 and 91 of 1997 |
| Decision Date |
Mar 13, 2001 |
| Hearing Date |
|
| Decision |
The Peshawar High Court accepted Regular First Appeal No.81 of 1997 to the extent of Khasra Nos.308 and 323. The rate of compensation was enhanced to Rs.17,000 per Marla with 15% compulsory acquisition charges and 6% interest from the date of taking physical possession until payment is made. The claim for enhancement of the rate for the remaining Khasra numbers was rejected. The appeal No.91 of 1997 was dismissed as being without merit. The decision highlights the importance of fair compensation for land acquisition, emphasizing the need for transparency and equity in the assessment of land value. |
| Summary |
This case revolves around the determination of compensation for land acquired for the extension of Sheikh Maltoon Township and the construction of a hospital. The landowners were dissatisfied with the compensation fixed under the Land Acquisition Act, 1894, and sought a fair assessment through the court. The High Court analyzed previous judgments and decided to enhance the compensation for certain Khasra numbers. The ruling underscores the legal principles guiding land acquisition and compensation, emphasizing the need for just treatment of landowners. Keywords include 'land acquisition', 'compensation determination', 'Peshawar High Court', 'legal rights', and 'fair assessment'. |
| Court |
Peshawar High Court
|
| Entities Involved |
Government of N.W.F.P.,
Mardan Development Authority
|
| Judges |
SARDAR MUHAMMAD RAZA KHAN, C.J.,
SHAH JEHAN KHAN, J
|
| Lawyers |
Javed A. Khan for Appellants,
M. Pervez Younas and M. Alam for Respondents Nos. 11 to 21
|
| Petitioners |
others,
Mst. ABIDA
|
| Respondents |
others,
GOVERNMENT OF N.W.F.P.
|
| Citations |
2001 SLD 2514,
2001 CLC 1249
|
| Other Citations |
WAPDA v. Aurangzeb Khan PLD 1975 Pesh. l,
Province of the Punjab v. Naseeruddin 1994 SCMR 2091,
Pir Khan v. Military Estate Officer PLD 1987 SC 485,
Military Estate Officer v. Assistant Commissioner-cum-Collector, Quetta and 4 others 1997 CLC 556,
Abdul Samad Khan and others v. Project Director, Mardan Development Authority 2001 CLC 33
|
| Laws Involved |
Land Acquisition Act
|
| Sections |
18,
23
|