| Case ID |
20a8e5a7-e048-4e1f-b2ac-6631f6055e3d |
| Body |
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| Case Number |
R.F.A. No.171-A of 2019 |
| Decision Date |
Jan 30, 2023 |
| Hearing Date |
Jan 30, 2023 |
| Decision |
The appeal was dismissed as the Referee Court's judgment was upheld, which enhanced the compensation for the acquired land based on its commercial value and future prospects. The court confirmed that the land was situated adjacent to a highway and other commercial establishments, supporting a higher compensation rate than the one-year average sale basis initially proposed. The enhancement included 15% compulsory acquisition charges and 6% interest from the date of possession. The court emphasized the need to consider the market value and potential value of the land, reinforcing the principle that landowners should receive fair compensation reflective of the land's actual value. |
| Summary |
This case revolves around a dispute regarding the compensation amount for land acquired under the Land Acquisition Act of 1894. The appellants, represented by the Land Acquisition Collector, contested the Referee Court's decision to enhance the compensation amount for the respondent, Shah Youm Khan. The court found that the land in question had significant commercial potential due to its proximity to the Karakoram Highway and existing commercial structures like a floor mill and petrol pump. The court ruled that the compensation should reflect these realities, dismissing the appeal and affirming the enhanced compensation amount determined by the Referee Court. This case highlights important considerations in land acquisition, including market value, future prospects, and the principles of fair compensation for landowners. The decision emphasizes that compensation should not be limited to one-year average sale prices but should also account for the land's potential and actual use. |
| Court |
Peshawar High Court, Abbottabad Bench
|
| Entities Involved |
Not available
|
| Judges |
Fazal Subhan, J
|
| Lawyers |
Sajid ur Rehman, A.A.G. for Appellants,
Muhammad Ilyas Khan for Respondent
|
| Petitioners |
LAND ACQUISITION COLLECTOR and others
|
| Respondents |
SHAH YOUM KHAN
|
| Citations |
2024 SLD 2889,
2024 CLC 454
|
| Other Citations |
Nisar Ahmad Khan and others v. Collector Land Acquisition PLD 2002 SC 25,
Province of Sindh through Collector of District Dadu and others v. Ramzan and others PLD 2004 SC 512,
Land Acquisition Collector, G.S.C, N.T.D.C., (WAPDA), Lahore and another v. Mst. Surraya Mehmood Jan 2015 SCMR 28,
Province of Punjab through Land Acquisition Collector and another v. Begum Aziza 2014 SCMR 75
|
| Laws Involved |
Land Acquisition Act, 1894
|
| Sections |
18,
23
|