| Case ID |
2c9616af-b452-404c-ac36-187d5e8e6609 |
| Body |
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| Case Number |
Civil Appeals Nos. 2150 to 2263 of 2019 |
| Decision Date |
Mar 24, 2022 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled on the compensation for land acquired under the Land Acquisition Act, emphasizing that the potential value of the land must be factored in alongside its market value. The court criticized the reliance on outdated classifications and the revenue record for determining compensation. It mandated that the compensation should reflect not only the current use of the land but also its future potential, ensuring that landowners receive fair compensation that considers economic growth and urban development. The court dismissed the appeals from the Federal Government and Military Estate Officer, affirming the enhanced compensation awarded by the Lahore High Court, which was set at Rs.30,000 per kanal for the acquired land. |
| Summary |
This case revolves around the interpretation of compensation laws under the Land Acquisition Act, 1894, particularly focusing on the rights of landowners when their property is acquired by the state. The Supreme Court of Pakistan addressed critical issues regarding the valuation of land, highlighting the importance of considering potential land use and market trends. The decision underscores the need for a comprehensive approach to calculating compensation that reflects the true value of the land, incorporating factors like location, accessibility, and future development potential. This landmark ruling is essential for landowners seeking justice in compensation disputes and is expected to influence future cases related to land acquisition in Pakistan. Keywords: Land Acquisition, Compensation, Supreme Court, Land Valuation, Economic Growth, Urban Development. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
UMAR ATA BANDIAL, C.J.,
SYED MANSOOR ALI SHAH,
AYESHA A. MALIK
|
| Lawyers |
Not available
|
| Petitioners |
FEDERAL GOVERNMENT OF PAKISTAN through Ministry of Defence Rawalpindi and others
|
| Respondents |
Mst. ZAKIA BEGUM and others
|
| Citations |
2023 SLD 849,
2023 PLD 277
|
| Other Citations |
Land Acquisition Collector and others v. Abdul Qayyum Malik and others 1980 SCMR 63,
Fazalur Rahman and others v. General Manager, S.I.D.B and another PLD 1986 SC 158,
Sardar Abdur Rauf Khan and others v. The Land Acquisition Collector/Deputy Commissioner, Abbotabad and others 1991 SCMR 2164,
Land Acquisition Collector, G.S.C., N.T.D.C., (WAPDA), Lahore and another v. Mst. Surraya Mehmood Jan 2015 SCMR 28,
Land Acquisition Collector, Abbottabad and others v. Muhammad Iqbal and others 1992 SCMR 1245,
Sarhad Development Authority, NWFP (now KPK) through COO/CEO (Officio) and others v. Nawab Ali Khan and others 2020 SCMR 265,
Maqbool Ahmed Fatehally and others v. The Collector, District Lasbella and others 1992 SCMR 2342,
Province of Punjab through Collector Bahawalpur, District Bahawalpur and others v. Col. Abdul Majeed and others 1997 SCMR 1692,
Ministry of Defence through Secretary, Government of Pakistan and others v. Syed Wajdi Rizvi 2009 SCMR 105,
WAPDA through S.E. Acquiring Cell CRBC Project WAPDA, D.I. Khan and another vs. Syed Ali and others 2010 SCMR 82,
Pakcom Limited and others v. Federation of Pakistan and others PLD 2011 SC 44,
Land Acquisition Collector and others v. Mst. Iqbal Begum and others PLD 2010 SC 719
|
| Laws Involved |
Land Acquisition Act, 1894,
Punjab Land Acquisition Rules, 1983
|
| Sections |
23,
24,
9,
14,
10(1)(iii)
|