| Case ID |
0b3f27e7-bc6e-4936-bd3e-052f83ad9314 |
| Body |
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| Case Number |
Civil Appeal No. 553 of 2003 |
| Decision Date |
Oct 07, 2010 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled in favor of Mst. Sumaira Gul, modifying the previous judgment of the Peshawar High Court regarding the compulsory acquisition charges for her land acquired by the Water and Power Development Authority (WAPDA). The court found that the appellant was entitled to compulsory acquisition charges at the rate of 25% per annum on the market value of the land, rather than the 15% awarded by the High Court. The compensation for the land was set at Rs.8000 per marla, which was deemed a reasonable market value. The appeal was allowed to the extent that the appellant was entitled to the higher rate of compulsory acquisition charges, reflecting the legal definitions and obligations under the Land Acquisition Act. |
| Summary |
This case revolves around the compulsory acquisition of land owned by Mst. Sumaira Gul for the purpose of establishing a grid station by the Water and Power Development Authority (WAPDA). The Supreme Court of Pakistan addressed the legality of the compensation awarded for the acquired land. The appellant argued for an increase in the compulsory acquisition charges from 15% to 25% per annum based on the market value of the land. The court upheld that the definition of 'company' under the Land Acquisition Act includes WAPDA, thus entitling the appellant to the higher rate of compensation. The decision emphasizes the statutory rights of landowners and clarifies the obligations of acquiring authorities in terms of compensation for land acquisition, making it a significant case in land law and property rights in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Land Acquisition Collector,
Water and Power Development Authority (WAPDA)
|
| Judges |
Nasir-ul-Mulk, Justice,
Jawwad S. Khawaja, Justice,
Khilji Arif Hussain, Justice
|
| Lawyers |
Abdul Sattar Khan, Advocate Supreme Court,
S. Arshad Hussain Shah, Additional Advocate-General,
Sh. Riaz-ul-Haq, Advocate Supreme Court
|
| Petitioners |
Mst. Sumaira Gul
|
| Respondents |
Land Acquisition Collector G.S.C. WAPDA, Peshawar and Others
|
| Citations |
2011 SLD 887 = 2011 SCMR 118
|
| Other Citations |
Not available
|
| Laws Involved |
Land Acquisition Act (I of 1894),
Water and Power Development Authority Act (XXXI of 1958)
|
| Sections |
3(e),
18,
23(2),
3
|