Case ID |
390cce63-357e-4536-aa5d-271ce64137ed |
Body |
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Case Number |
Civil Appeals Nos. 1-P, 3-P to 8-P, 4 to 1127, 46 |
Decision Date |
Jul 13, 1991 |
Hearing Date |
|
Decision |
The Supreme Court of Pakistan ruled on the compensation for land acquisition under the Land Acquisition Act, emphasizing the distinct nature of direct appeals under Article 185(2)(d) from petitions for leave to appeal under Article 185(3). The court clarified the principles for determining compensation, including consideration of future land prospects and established that the classification of land types should be based on factual evidence rather than arbitrary entries in revenue records. The court upheld the decision of the Land Acquisition Collector regarding compensation rates but modified the additional compensation awarded by the lower courts, emphasizing the legal framework for compensation in public versus company acquisitions. |
Summary |
This case revolves around the principles of land acquisition and compensation as per the Land Acquisition Act. The Supreme Court of Pakistan addressed the legal distinctions between direct appeals and petitions for leave to appeal, highlighting the importance of timely action for compensation claims. The court examined the nature of land classification, determining that revenue records are not conclusive evidence of land value. The decision ultimately reinforces the legal standards for compensation, ensuring fair treatment for landowners while balancing public interest in land acquisition. Keywords such as 'land acquisition compensation', 'Supreme Court rulings', and 'legal land classification' are essential for SEO optimization. |
Court |
Supreme Court of Pakistan
|
Entities Involved |
Not available
|
Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
SAAD SAOOD, JAN,
AJMAL MIAN, JJ
|
Lawyers |
Not available
|
Petitioners |
Sardar ABDUR RAUF KHAN and others
|
Respondents |
THE LAND ACQUISITION COLLECTOR/DEPUTY COMMISSIONER, ABBOTTABAD and others
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Citations |
1991 SLD 1518,
1991 SCMR 2164
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Other Citations |
Commissioner of Income-Tax, Rawalpindi v. Messrs Lyallpur Cold Storage, Lahore Road, Lyallpur and others PLD 1987 SC 136,
Banaras Khan etc, v. Chairman, WAPDA etc. P L D 1982 S C 100,
Fazalur Rahman and others v. General Manager, S.I.D.B. and another P L D 1986 S C 158,
Mrs.Gunj Khatoon and another v. The Province of Sindh through Secretary, Revenue Department, Karachi and another 1987 S C M R 2084,
Malik Aman and others v. Land Acquisition Collector and others P L D 1988 S C 32,
Siddiq and others v. The Deputy Commissioner, East Karachi and another 1.988 SCMR 871
|
Laws Involved |
Constitution of Pakistan (1973),
Land Acquisition Act (1 of 1891),
Land Acquisition Act (1 of 1894)
|
Sections |
185(2)(d),
185(3),
23,
23(2)
|