| Case ID |
395e2717-137b-4898-beb8-8ffaf36ad443 |
| Body |
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| Case Number |
Civil Petition No.1230-L of 2005 |
| Decision Date |
Jun 22, 2010 |
| Hearing Date |
Mar 29, 2010 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal, affirming the judgment of the Lahore High Court which had previously dismissed the Regular First Appeal. The Court held that the petitioner failed to prove that the compensation awarded for the land acquired was undervalued or that the land had a superior value compared to other lands in the vicinity. It was determined that mere statements by the owner without supporting evidence would not suffice to establish entitlement to higher compensation. The Court emphasized the necessity of following the legal procedures for property acquisition as stipulated in the Land Acquisition Act and upheld the findings of fact by the lower courts. |
| Summary |
In the case of Abdul Sattar vs. Land Acquisition Collector Highways Department, the petitioner challenged the compensation awarded for land acquired under the Land Acquisition Act (I of 1894). The primary issue revolved around whether the compensation was undervalued and if the land held a superior status compared to nearby properties. The Supreme Court of Pakistan, led by Justices Javed Iqbal and Anwar Zaheer Jamali, ruled that the petitioner did not provide sufficient evidence to support claims for a higher compensation rate. The Court reiterated that the burden of proof lies with the landowner and that mere assertions without substantiation are inadequate. The decision reinforced constitutional protections against unlawful deprivation of property while affirming the need for adherence to prescribed legal processes in land acquisition cases. This ruling is significant in the context of property rights, compensation claims, and the application of the Land Acquisition Act. Keywords: land acquisition, property rights, compensation, Supreme Court of Pakistan, legal procedures, burden of proof. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVED IQBAL,
ANWAR ZAHEER JAMALI
|
| Lawyers |
Syed Muhammad Kaleem Ahmed Khurshid,
Haji Muhammad Rafi Siddiqui,
Fauzi Zafar,
Sh. Salah-ud-Din
|
| Petitioners |
ABDUL SATTAR
|
| Respondents |
others,
LAND ACQUISITION COLLECTOR HIGHWAYS DEPARTMENT
|
| Citations |
2010 SLD 2838,
2010 SCMR 1523
|
| Other Citations |
Collector of Karachi v. M.N.E. Dinshaw PLD 1965 Kar. 557,
Water and Sanitation Authority v. Niaz Muhammad 1994 SCMR 1648,
Government of India and others v. Muhammad Usman and others 1984 CLC 3406,
Shankarlal v. Additional Deputy Commr., Nagpur AIR 1951 Nag. 22,
Amar Singh v. Custodian, E.P. AIR 1957 SC 599,
Basti Sugar Mills Ltd. v. State of U.P. AIR 1954 All. 538
|
| Laws Involved |
Land Acquisition Act (I of 1894),
Constitution of Pakistan (1973)
|
| Sections |
23,
24
|