| Case ID |
1648a0fc-b589-4fde-9e0b-01cba8a53090 |
| Body |
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| Case Number |
Civil 1st Appeal No. 47 of 2015 |
| Decision Date |
Apr 29, 2019 |
| Hearing Date |
Mar 22, 2019 |
| Decision |
The appeal was partially allowed, enhancing the compensation amount for the acquired land from Rs. 150,000/- per kanal to Rs. 800,000/- per kanal, along with 15% compulsory acquisition charges. However, the petitioner was not entitled to any kind of interest on the enhanced compensation amount. The court found that the trial court had failed to appreciate the evidence presented by the appellant and had misjudged the compensation amount fixed by the Collector Land Acquisition. The decision emphasized the importance of market value and potentiality of the land in determining fair compensation under the Land Acquisition Act, 1894. |
| Summary |
This case revolves around a civil appeal concerning the enhancement of compensation for land acquired under the Land Acquisition Act, 1894. The appellant, Raja Shakeel Ahmed, challenged the compensation awarded by the Collector, which he deemed inadequate compared to the prevailing market rates. The High Court, while reviewing the case, highlighted the importance of assessing fair compensation based on market value and the land's potential for commercial use. The court found that the compensation was set significantly lower than the market rates, leading to an enhancement of the compensation awarded to the appellant. The case underscores the legal principles governing land acquisition and compensation, ensuring that landowners receive fair compensation reflective of current market conditions. Keywords such as 'land acquisition compensation', 'market value assessment', and 'legal principles of compensation' are crucial in understanding the implications of this ruling. |
| Court |
High Court
|
| Entities Involved |
|
| Judges |
Justice Ali Baig,
Justice Malik Haq Nawaz,
Justice Sher Afzal
|
| Lawyers |
Addl. Advocate General
|
| Petitioners |
Raja Shakeel Ahmed
|
| Respondents |
Provincial Government through Chief Secretary/Land Revenue and 5 others
|
| Citations |
2020 SLD 480 = 2020 MLD 328
|
| Other Citations |
Not available
|
| Laws Involved |
Land Acquisition Act, 1894
|
| Sections |
18,
23
|