| Case ID |
4412bd9c-202e-41f7-a576-8513f24964e0 |
| Body |
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| Case Number |
R.F.A. No.83 of 2014 |
| Decision Date |
Jun 14, 2023 |
| Hearing Date |
May 17, 2023 |
| Decision |
The Lahore High Court, Rawalpindi Bench, in its judgment dated 14th June 2023, addressed the appeals concerning the compensation awarded for land acquired for the Air Weapons Complex. The court noted that the compensation determined by the Referee Court was excessively high, particularly when the landowners were entitled to Rs. 20,00,000 per Kanal based on the potential value of the land. The court emphasized that the compensation should reflect the market value and potential future use of the land rather than an arbitrary figure. The decision highlighted the need for fair compensation that reflects the true value of the land and ensures that no discrimination occurs among similarly situated landowners, thus upholding the constitutional mandate of equality under Article 25. The appeals were partly allowed with directions for recalculating the compensation based on the correct valuation principles. |
| Summary |
This case revolves around the appeals filed concerning the compensation for land acquired for the Air Weapons Complex, a project of national importance. The court examined the principles of compensation under the Land Acquisition Act, emphasizing that fair compensation must consider the market value and potential use of the land. It highlighted the importance of ensuring no discrimination in compensation among landowners and reaffirmed the constitutional right to property and fair compensation. The case further analyzed the role of the Land Acquisition Collector in determining compensation, the relevance of market value, and the legal precedents guiding such determinations. The judgment underscores the necessity for equitable treatment of landowners and correct application of legal standards in compensation assessments, ensuring compliance with constitutional provisions. Key terms include 'land acquisition', 'compensation', 'market value', 'constitutional rights', and 'fair treatment'. |
| Court |
Lahore High Court, Rawalpindi Bench
|
| Entities Involved |
NATIONAL COMMAND AUTHORITY,
Air Weapons Complex,
Directorate of Works and Services
|
| Judges |
Mirza Viqas Rauf,
Jawad Hassan
|
| Lawyers |
Usman Jillani,
Waseem Doga,
Tanvir Iqbal Khan,
Muhammad Asif Ch.,
Ch. Imran Hassan Ali,
Muhammad Siddique Awan,
Malik Amjad Ali
|
| Petitioners |
NATIONAL COMMAND AUTHORITY through D.G. SPD
|
| Respondents |
ZAHOOR AZAM
|
| Citations |
2024 SLD 3428,
2024 CLC 1
|
| Other Citations |
Federation of Pakistan through Secretary Ministry of Defence and another v. Jaffar Khan and others PLD 2010 SC 604,
Askari Cement Limited (Formerly Associated Cement Limited) through Chief Executive v. Land Acquisition Collector (Industries) Punjab and others 2013 SCMR 1644,
Manzoor Hussain (deceased) through L.Rs. v. Misri Khan PLD 2020 SC 749,
Muhammad Iqbal v. Mehboob Alam 2015 SCMR 21,
Gulzar Hussain v. Abdur Rehman and another 1985 SCMR 301,
Pervaiz Akhtar and others v. Land Acquisition Collector and others PLD 2022 Lah. 730,
Federal Government of Pakistan through Ministry of Defence Rawalpindi and others v. Mst. Zakia Begum and others PLD 2023 SC 277,
Mst. Akhtar Sultana v. Major Retd. Muzaffar Khan Malik through his legal heirs and others PLD 2021 SC 715,
Air Weapon Complex through DG v. Muhammad Aslam and others 2018 SCMR 779,
Province of Punjab through Land Acquisition Collector and another v. Begum Aziza 2014 SCMR 75,
Land Acquisition Collector, G.S.C., N.T.D.C., (WAPDA), Lahore and another v. Mst. Surraya Behmood Jan 2015 SCMR 28,
Mehreen Zaibun Nisa v. Land Commissioner, Multan and others PLD 1975 SC 397,
Principal Public School Sangota, Government of Khyber Pakhtunkhwa through Chief Secretary and others v. Sarbiland and others 2022 SCMR 189
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Land Acquisition Act, 1894,
Constitution of Pakistan, 1973
|
| Sections |
5,
23,
28,
25
|