| Case ID |
38380262-0864-4318-a2d7-e3b0e81a4fe6 |
| Body |
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| Case Number |
Civil Appeal No. 1259 of 1996 |
| Decision Date |
Sep 26, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal, maintaining the compensation awarded by the Referee Judge. The Court found that the appellants failed to provide sufficient evidence to support their claims regarding the potential value of the land. The assessment of compensation was based on the transactions and documents presented, which did not substantiate the appellant's arguments regarding the higher market value of the land in question. The Court upheld the findings of the lower courts, concluding that the compensation was just and appropriate based on the evidence available. |
| Summary |
This case revolves around a dispute regarding the compensation awarded for land acquired under the Land Acquisition Act (I of 1894). Taj Muhammad and others challenged the valuation of their land, arguing that the compensation awarded was significantly lower than the potential market value of the property, which was situated near a commercial area. The Supreme Court of Pakistan scrutinized the arguments presented by the appellants, who claimed that the lower courts had failed to consider the land's development potential and its proximity to the main bazaar. Ultimately, the Supreme Court upheld the decisions of the lower courts, emphasizing the importance of documented transactions in determining fair compensation. The case highlights critical aspects of land acquisition laws and the legal principles governing property valuation in Pakistan, making it relevant for both legal practitioners and property owners alike. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Qazi Muhammad Farooq,
Rana Bhagwandas,
Abdul Hameed Dogar
|
| Lawyers |
Abdul Samad Khan,
Sardar Shoukat Hayat
|
| Petitioners |
7 others,
Taj Muhammad
|
| Respondents |
3 others,
XEN Irrigation,
Dargai
|
| Citations |
2003 SLD 538,
2003 SCMR 129
|
| Other Citations |
Not available
|
| Laws Involved |
Land Acquisition Act (I of 1894),
Constitution of Pakistan (1973),
Qanun-e-Shahadate (10 of 1984)
|
| Sections |
18,
185(3),
72
|