| Case ID |
39e9a35c-2a96-452a-bf4e-ca5524dc5f8f |
| Body |
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| Case Number |
C.F.A. No.2 of 2002 |
| Decision Date |
May 27, 2009 |
| Hearing Date |
|
| Decision |
The appeal filed by the appellants against the judgment of the learned Referee Court was dismissed. The Referee Court had determined that the land acquired was situated in a commercial area, and the compensation awarded was justified based on the evidence presented. The appellants failed to provide sufficient evidence to challenge the findings of the Referee Court. The judgment reinforced the principle that compensation for acquired land should reflect its market value, taking into account potential future uses. The court upheld the enhanced compensation awarded by the Referee Court, concluding that the Collector's initial valuation was arbitrary and did not comply with the provisions of the Land Acquisition Act. |
| Summary |
In the case of C.F.A. No.2 of 2002 heard by the Northern Areas Chief Court, the primary issue revolved around the determination of compensation for land acquired under the Land Acquisition Act, 1894. The Respondent, Fida Hussain, contested the compensation amount set by the Collector, arguing that the land was located in a commercial area of Gilgit City and that the rates fixed were significantly below the prevailing market rates at the time of acquisition. The Referee Court, after reviewing oral and documentary evidence, enhanced the compensation amount, leading to an appeal by the Provincial Government. The court emphasized the importance of accurate market valuation and adherence to legal procedures during land acquisition. The decision highlights the necessity for government authorities to consider the potential uses of acquired land and ensure fair compensation based on its true market value, thereby protecting the rights of landowners in Pakistan. |
| Court |
Northern Areas Chief Court
|
| Entities Involved |
Provincial Government,
Education Department,
Northern Areas Chief Court
|
| Judges |
SAHIB KHAN,
MUZAFFAR ALI
|
| Lawyers |
A.A.-G. for Appellants,
Syed Jaffar Shah for Respondent
|
| Petitioners |
,
PROVINCIAL GOVERNMENT through Secretary, Education N.As.
|
| Respondents |
FIDA HUSSAIN
|
| Citations |
2010 SLD 351 = 2010 CLC 91
|
| Other Citations |
PLD 1986 SC 158,
1998 MLD 1592,
1984 CLC 459,
AIR 1974 SC 2333,
PLD 1991 Lah. 337,
PLD 1996 Pesh. 22,
PLD 1996 Lah. 171,
PLD 1997 Pesh. 19
|
| Laws Involved |
Land Acquisition Act, 1894
|
| Sections |
4,
11,
12,
15,
18,
23,
24
|