| Case ID |
44d36ebb-a71e-4f0f-b155-4f0a5e1f24a9 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petitions Nos. 819, 820 of 2017 and 939-L of |
| Decision Date |
Aug 21, 2022 |
| Hearing Date |
Sep 21, 2022 |
| Decision |
The Supreme Court of Pakistan ruled that the High Court should not have extended its extraordinary jurisdiction under Article 199 of the Constitution in the case of land acquisition disputes, as the Land Acquisition Act, 1894 provides a comprehensive mechanism for determining compensation amounts. The Court emphasized that in cases of disputed facts, the High Court cannot exercise its extraordinary Constitutional jurisdiction. The Court upheld the compensation amount determined at Rs. 50,000 per Marla as just and adequate, which had already been paid by the petitioner, the National Highway Authority. The subsequent modifications in the Award were deemed unjust and were set aside. |
| Summary |
In the case of the National Highway Authority against Mazhar Siddique and others, the Supreme Court of Pakistan addressed significant issues surrounding land acquisition and compensation under the Land Acquisition Act, 1894. The petitioners sought compensation for land acquired for the construction of the Pindi Bhatian Interchange on the Islamabad/Lahore Motorway. The Supreme Court found that the High Court had overstepped its jurisdiction by intervening in matters that were clearly within the purview of the Land Acquisition Act. The Court underscored that the Act provides adequate legal recourse for aggrieved landowners and that the High Court should refrain from exercising jurisdiction in cases where factual disputes exist. The ruling reinstated the compensation rate of Rs. 50,000 per Marla as fair and justified, concluding a lengthy litigation process that highlighted the complexities of land acquisition in Pakistan. This decision is pivotal for future land acquisition cases, ensuring that the rights of landowners are upheld while also maintaining the legal framework established by the Land Acquisition Act. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Lahore High Court,
National Highway Authority
|
| Judges |
Sardar Tariq Masood,
Amin-Ud-Din Khan,
Jamal Khan Mandokhail
|
| Lawyers |
Barrister Haris Azmat, Advocate Supreme Court,
Muhammad Ali, Dy. Dir.(L),
Hafiz Tanvir, G.M (M-II),
Malik Noor Muhammad Awan, Advocate Supreme Court
|
| Petitioners |
NATIONAL HIGHWAY AUTHORITY through Ghulam Mujtaba, G.M, Lahore
|
| Respondents |
Mazhar Siddique and others
|
| Citations |
2023 SLD 558 = 2023 SCMR 493
|
| Other Citations |
Pakistan WAPDA Employees Pegham Union v. Member, National Industrial Relations Commission, Islamabad and others 2015 PLC 45,
Fida Hussain v. Mst. Saiqa 2011 SCMR 1990,
Ahmad Developers v. Muhammad Saleh 2010 SCMR 1057,
Sheikh Muhammad Ilyas Ahmed and others v. Pakistan through Secretary Ministry of Defence, Islamabad and others PLD 2016 SC 64,
Syeda Nasreen Zohra v. Government of the Punjab 2022 SCMR 890,
Saeeda Sultan v. Liaqat Ali Orakzai PLD 2021 SC 671,
R.N. Dey and others v. Bhagyabati Pramanik and others (2000) 4 SCC 400
|
| Laws Involved |
Land Acquisition Act, 1894,
Constitution of Pakistan, 1973
|
| Sections |
11,
34,
199
|