| Case ID |
03710900-d55a-43b4-bb41-694b2b733313 |
| Body |
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| Case Number |
Civil Appeals Nos. 128, 129, 130 of 2013 |
| Decision Date |
Apr 29, 2015 |
| Hearing Date |
Apr 22, 2015 |
| Decision |
The Supreme Court ruled in favor of the appellants, allowing their appeal for enhanced compensation for the acquired land. The Court determined that the compensation assessed by the Collector Land Acquisition was erroneous as it did not take into account the higher market value of the land, which was influenced by its potential future use for residential and commercial purposes. The Court stated that landowners are entitled to compensation at the rate of Rs.10,00,000/- per kanal, along with 15% compulsory acquisition charges. This decision emphasized the importance of considering not only the current use of the land but also its future potential when determining market value for compensation in land acquisition cases. |
| Summary |
In the landmark case of Civil Appeals Nos. 128, 129, and 130 of 2013, the Supreme Court of AJ&K addressed crucial issues pertaining to land acquisition under the Land Acquisition Act of 1894. The appellants challenged the compensation awarded for their land acquired for the Mangla Dam Raising Project, arguing that the assessed amount was significantly lower than the market value. The Supreme Court, in its decision delivered on April 29, 2015, held that the compensation should reflect the true market value of the land, which takes into account not only its current use but also its potential future uses. The Court found that the Collector Land Acquisition had underestimated the value of the land, and thus the appellants were entitled to a higher compensation rate of Rs.10,00,000/- per kanal, along with additional charges. This case highlights the legal principles governing land acquisition and serves as a precedent for future cases involving compensation assessments, emphasizing the need for fair and adequate compensation for landowners. Keywords: land acquisition, compensation, market value, Supreme Court, legal precedent, property rights, Mangla Dam. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
RAJA SAEED AKRAM KHAN,
MOHAMMAD AZAM KHAN, C.JUSTICE
|
| Lawyers |
Sardar Muhammad Azam Khan,
Ch. Shah Wali,
Mirza Ziadullah
|
| Petitioners |
SABIR HUSSAIN AND OTHERS
|
| Respondents |
COLLECTOR LAND ACQUISITION UPRAISING MANGLA DAM PROJECT, MIRPUR AND OTHERS
|
| Citations |
2017 SLD 2311 = 2017 CLC 440
|
| Other Citations |
Ejaz Ahmed Mir v. Collector Land Acquisition and 3 others 2013 SCR 603,
Abdul Aziz v. Azad Government and 2 others PLD 2010 SC (AJ&K) 37,
Maqsood Bibi and 6 others v. Collector Land Acquisition, Mangla Dam Raising Project Mirpur (Zone-I) and 2 others 2013 SCR 973,
Land Acquisition Collector, Sargodha and another v. Muhammad Sultan and another PLD 2014 SC 696,
Marawat Khan and 4 others v. Collector Land Acquisition, Mangla Dam Raising Project, (Zone-I) and 2 others 2013 SCR 1224,
Muhammad Mehrban v. WAPDA through Chief Engineer/Project Director Mangla Dam Raising Project, and 3 others 2013 SCR 635,
Akhtar Hussain and 2 others v. Azad Government of the State, of Jammu and Kashmir through its Chief Secretary Muzaffarabad and 2 others 2014 MLD 179,
Fazal-ur-Rehaman and others v. General Manager S.I.D.B. and another PLD 1986 SC 158,
Faiz Akbar Khan and others v. Azad Government and others 1996 SCR 132,
Azad Government and 2 others v. Mst. Razia Farooqi and others 1996 SCR 136
|
| Laws Involved |
Land Acquisition Act, 1894
|
| Sections |
18,
4
|