| Case ID |
46705fa1-5e87-4328-893f-a40c530ff2ac |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No.23 of 2004 |
| Decision Date |
Sep 29, 2014 |
| Hearing Date |
|
| Decision |
The Supreme Court maintained the compensation rate for the acquired land at Rs. 8,000 per marla, which was determined based on the strategic location and potential value of the land. The court emphasized that the compensation must reflect the market value of the land at the time of acquisition and considered the principles from previous judgments regarding land acquisition. The court also clarified that compulsory acquisition charges should be set at 15% for public purposes, even when the acquiring entity is a company, thereby partly allowing the appeal and modifying the previous judgments accordingly. |
| Summary |
This case revolves around the principles of land acquisition under the Land Acquisition Act, 1894, particularly focusing on the determination of compensation for land acquired for public purposes by WAPDA. The Supreme Court of Pakistan addressed critical issues such as the definition of 'market value,' the relevance of strategic location, and the appropriate rate of compulsory acquisition charges. The case highlights the importance of considering the potential use of land and previous transactions in the vicinity when deciding compensation rates, ensuring fairness for landowners. The court reaffirmed that compensation should reflect the true market value and not be solely based on administrative records. This ruling is significant for future land acquisition cases, emphasizing the need for a thorough assessment of land value and public purpose in determining compensation rates. Keywords such as 'land acquisition compensation,' 'market value determination,' and 'WAPDA land acquisition' are pivotal as they address ongoing discussions in land law and public policy. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
WAPDA,
Punjab Municipal Committee
|
| Judges |
IJAZ AHMED CHAUDHRY,
SH. AZMAT SAEED,
IQBAL HAMEEDUR RAHMAN
|
| Lawyers |
Arangzeb Mirza, Advocate Supreme Court for Appellants,
Ch. Din Muhammad Meo, Advocate Supreme Court,
Ch. Muhammad Iqbal, Additional A.G.,
Rana Shamshad Khan, Assistant A.G.
|
| Petitioners |
LAND ACQUISITION COLLECTOR, G.S.C., N.T.D.C., (WAPDA), LAHORE
|
| Respondents |
Mst. SURRAYA MEHMOOD JAN
|
| Citations |
2015 SLD 1328 = 2015 SCMR 28
|
| Other Citations |
Mst. Sumaira Gul v. Land Acquisition Collector G.S.C. WAPDA, Peshawar and others 2011 SCMR 118,
Civil Aviation Authority through Project Director and others v. Rab Nawaz and others 2013 SCMR 1124,
Province of Punjab through Land Acquisition Collector and another v. Begum Aziza 2014 SCMR 75,
Nisar Ahmad Khan and others v. Collector, Land Acquisition, Swabi and others (PLD 2002 SC 25),
Collector Land Acquisition and others v. Muhammad Said through Legal Heirs and others (2001 SCMR 1032),
Abdul Sattar v. Land Acquisition Collector Highways Department and others (2010 SCMR 1523),
Special Land Acquisition Officer v. Maharani Biswal and others (2012 SCMR 1179),
Kolkata Metropolitan Development Authority and another v. Gobinda Chandra Makal and another (2012 SCMR 1201)
|
| Laws Involved |
Land Acquisition Act, 1894,
Pakistan Water and Power Development Authority Act, 1958
|
| Sections |
23,
3(e),
23(2),
13(2)(b),
13(3)
|