| Case ID |
37699adf-e060-49d9-8333-7dd874c094ad |
| Body |
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| Case Number |
Civil Appeals Nos. 139 and 140 of 1999, Civil Peti |
| Decision Date |
Apr 30, 2004 |
| Hearing Date |
Jan 22, 2004 |
| Decision |
The Supreme Court of Pakistan dismissed the appeals filed by the Province of Sindh regarding the compensation awarded to landowners for the acquisition of approximately 1450 acres of land for military installations. The court upheld the decision of the lower courts which had enhanced the compensation from Rs. 15,000 to Rs. 50,000 per acre based on the potential value of the land, emphasizing that compensation should reflect both current and future uses of the land rather than merely market value at the time of notification. The court ruled that delays in announcing awards and the potential value of the land must be taken into account, thereby rejecting the argument that only the market value at the time of notification should be considered. The decision reinforced the principle that landowners are entitled to compensation that reflects the broader potential of their land, not just the price determined by supply and demand at the time of acquisition. |
| Summary |
This case revolves around the interpretation and application of the Land Acquisition Act (I of 1894) in determining compensation for land acquired for military purposes. The Supreme Court of Pakistan addressed critical issues regarding the assessment of compensation, distinguishing between market value and potential value of the land. The court noted that the landowners are entitled to compensation that considers not only the existing value of the land but also its future potential uses. The ruling emphasized the importance of timely compensation and the impact of delays faced by landowners. The decision serves as a significant precedent in land acquisition cases, stressing that compensation should not be limited to market conditions at the time of notification but must also account for any escalation in value over time. This case highlights the judicial stance on protecting the rights of landowners and ensuring fair compensation practices in Pakistan's legal framework, thereby enhancing public trust in the land acquisition process. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Collector of District Dadu,
Military Estates Officer, Hyderabad Circle
|
| Judges |
Iftikhar Muhammad Chaudhry,
Rana Bhagwandas,
Sardar Muhammad Raza Khan
|
| Lawyers |
Nasir Saeed Sheikh, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record,
Ghulam Rasool Qureshi, Advocate Supreme Court,
Ch. Muhammad Akram, Advocate-on-Record,
Qazi Khalid Ali, Addl. Advocate General, Sindh
|
| Petitioners |
Province of Sindh through Collector of District Dadu and others
|
| Respondents |
Ramzan and others
|
| Citations |
2004 SLD 2854,
2004 PLD 512
|
| Other Citations |
Malik Aman's case PLD 1988 SC 32,
Land Acquisition Collector Abbottabad v. Muhammad Iqbal 1992 SCMR 1245,
Pakistan Burmah Shell's case 1993 SCMR 1700,
Murad Khan's case 1999 SCMR 1647,
Nisar Ahmed's case PLD 2002 SC 25,
Hyderabad Development Authority's case PLD 2002 SC 84
|
| Laws Involved |
Land Acquisition Act (I of 1894)
|
| Sections |
4,
23,
23(2),
28-A,
15,
18
|