| Case ID |
1a31680c-1ba9-4725-a1f6-7c1fa49de8d8 |
| Body |
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| Case Number |
R.F.A. No. 78-M of 2012 |
| Decision Date |
Feb 09, 2018 |
| Hearing Date |
|
| Decision |
The High Court determined the market value of the land acquired for construction of Police Lines at Rs. 250817.38 per kanal, in addition to 15% compulsory acquisition charges. The court found that the previous compensation awarded was significantly lower than the actual market value. It emphasized the importance of considering inflationary trends and the proximity of the property to other significant locations, such as the judicial complex. The court allowed the appeal, modifying the previous award and setting aside the judgment of the learned Referee Judge, which had fixed the compensation at Rs. 223190.48 per kanal. |
| Summary |
This case revolves around the appeal regarding the compensation for land acquired under the Land Acquisition Act, 1894 for the construction of Police Lines in Buner. The primary focus was on determining the accurate market value of the land in question, considering factors such as its proximity to the judicial complex and the prevailing market rates. The court highlighted the necessity of accounting for inflation and market trends when fixing compensation. The judgment ultimately rectified the previous discrepancies in compensation assessments, ensuring that the landowners received fair value for their acquired property. This case underscores the legal principles surrounding land acquisition, compensation determination, and the judicial interpretation of market value assessments, making it a significant reference for future cases related to land compensation disputes. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD NASIR MAHFOOZ
|
| Lawyers |
Wilayat Ali Khan,
Rafique Ahmad Asstt: A.G.
|
| Petitioners |
LIAQAT ALI KHAN
|
| Respondents |
9 OTHERS,
DISTRICT COLLECTOR/DISTRICT REVENUE OFFICER, BUNER
|
| Citations |
2018 SLD 2435,
2018 MLD 1845
|
| Other Citations |
Sardar Muhammad Ashraf deceased v. Government of Khyber Pakhtunkhwa 2011 SCMR 1244,
Government of Pakistan v. Ghulam Murtaza 2016 SCMR 1141,
Province of Punjab through LAC and another v. Begum Aziza 2014 SCMR 75
|
| Laws Involved |
Land Acquisition Act, 1894
|
| Sections |
18,
23
|