| Case ID |
2618055c-62bc-4540-8931-787bf6bd9ffe |
| Body |
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| Case Number |
Civil Appeals Nos.1920 and 1921 of 2006 |
| Decision Date |
Dec 14, 2007 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeals filed by the Province of Punjab regarding the compensation for land acquisition. The court found that the authorities had not provided sufficient reasons for the prolonged delay of 15-16 years in announcing the award for compensation. The compensation was initially set at Rs.9,419.20 per acre, which was contested by the landowners. The Referee Court enhanced this amount to Rs.5,000 per Marla, which was further increased by the Lahore High Court to Rs.7,500 per Marla. The Supreme Court upheld the High Court's decision, stating that the landowners presented adequate evidence to demonstrate the commercial value of the land and that the delay in compensation was unjustifiable. The court determined that the judgments of the lower courts were based on sound reasoning and did not contain any legal errors. |
| Summary |
In this pivotal case involving land acquisition, the Supreme Court of Pakistan evaluated the prolonged delay in determining compensation for land acquired for public use under the Land Acquisition Act of 1894. The court emphasized the importance of timely compensation and the necessity for authorities to justify any significant delay. The land in question was acquired in 1985, but compensation was not announced until 2000, raising concerns about the rights of landowners. The court's decision reinforced the need for fair compensation reflective of the land's market value, considering factors such as location and commercial potential. This case highlights critical issues in land acquisition practices and the legal obligations of governmental entities to uphold the rights of citizens, making it a significant reference point for future cases. Keywords such as 'land acquisition compensation', 'Supreme Court decisions', and 'property rights' are essential for understanding the implications of this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD NAWAZ ABBASI,
MUHAMMAD QAIM,
JAN KHAN,
ZIA PERWEZ
|
| Lawyers |
Syed Najam-ul-Hassan Kazmi, Advocate Supreme Court for Appellants,
Gul Zarin Kiani, Advocate Supreme Court for Respondents
|
| Petitioners |
PROVINCE OF PUNJAB through the Secretary Irrigation and Power Department, Lahore and 2 others
|
| Respondents |
Syed MUQARAB ALI and 4 others
|
| Citations |
2008 SLD 1633,
2008 SCMR 572
|
| Other Citations |
Not available
|
| Laws Involved |
Land Acquisition Act (I of 1894),
Qanun-e-Shahadat (10 of 1984),
Constitution of Pakistan (1973)
|
| Sections |
4,
18,
56,
185
|