| Case ID |
428b195a-22ac-489e-9f8d-a94044f54200 |
| Body |
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| Case Number |
R.F.A. No. 75623 of 2019 |
| Decision Date |
Jan 19, 2022 |
| Hearing Date |
|
| Decision |
The Lahore High Court allowed the Regular First Appeal, determining that the appellants were entitled to compensation at the rate of Rs. 35,00,000/- per acre for the acquired land. The court found that the Referee Court had failed to properly assess the compensation based on the market value and potential of the land, as required under the Land Acquisition Act, 1894. The court emphasized that the appellants had provided prima facie evidence to support their claims, which the respondents did not adequately rebut. The court also noted the significant delay in the acquisition process and the lack of evidence from the respondents regarding the average price fixed by the revenue staff. The court's ruling aimed to ensure that the landowners were compensated fairly for their property, reflecting not only the market value but also potential future value and damages incurred due to the acquisition. |
| Summary |
The case involves an appeal against the dismissal of a reference filed under the Land Acquisition Act, 1894, concerning the compensation for land acquired by the government. The appellants, Pervaiz Akhtar and others, contended that the compensation awarded was below the market value and failed to consider the potential of the land. The Lahore High Court examined the evidence presented by both parties, noting that the respondents did not produce any evidence to substantiate the average price determined for the land. The court highlighted the principles laid out in the Land Acquisition Act regarding the assessment of compensation, emphasizing the need to factor in the market value and potential future uses of the acquired land. The decision underscores the importance of fair compensation for landowners in acquisition cases, stressing that they should not be compensated with less than the actual market value of their property. In conclusion, the court ruled in favor of the appellants, acknowledging their entitlement to a higher compensation amount, thereby protecting the rights of landowners under the law. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
SHAHID,
JAMIL KHAN,
AHMAD NADEEM ARSHAD
|
| Lawyers |
Mr. Nadeem Babar,
Mr. Akhtar Ali Monga
|
| Petitioners |
others,
PERVAIZ AKHTAR
|
| Respondents |
others,
LAND ACQUISITION COLLECTOR
|
| Citations |
2022 SLD 1641,
2022 PLJ 754
|
| Other Citations |
PLD 2004 SC 512,
PLD 2008 SC 386
|
| Laws Involved |
Land Acquisition Act, 1894
|
| Sections |
18,
34,
154,
23
|