| Case ID |
512ffcc8-1493-47ee-8154-d0d2aa95656f |
| Body |
View case body. Login to View |
| Case Number |
Regular First Appeal No. 62 of 1997 |
| Decision Date |
Mar 31, 1998 |
| Hearing Date |
Mar 25, 1998 |
| Decision |
The appeal was dismissed, affirming the lower court's ruling that the compensation awarded to the appellants was adequate based on the evidence presented. The court found that the District Judge had correctly evaluated the evidence, including the reports on land value and the agreement regarding land sale, ultimately concluding that the compensation of Rs.75 per square foot was justified given the lack of admissible evidence supporting a higher valuation. This decision emphasized the importance of credible evidence in land acquisition cases and the adherence to legal standards in determining fair compensation. |
| Summary |
This case revolves around the appeal concerning the compensation awarded for land acquisition under the Land Acquisition Act, 1894. The appellants, Syed Naimat Ali and others, contested the compensation rate set by the Collector, arguing it was below the market value. The court examined the evidence, including previous agreements and land valuation reports. The judges highlighted the critical role of admissible evidence in determining compensation, referencing prior case law and legal sections relevant to land acquisition. The court ultimately upheld the compensation amount, reinforcing the legal standards for fair compensation in land acquisition cases. The case underscores the complexities of property valuation and the legal framework guiding such determinations, making it a significant reference in future legal disputes regarding land acquisition. |
| Court |
Quetta High Court
|
| Entities Involved |
Collector,
Education Department,
District Judge
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY,
RAJA FAYYAZ AHMED
|
| Lawyers |
Muhammad Zafar,
Noor Muhammad Achakzai
|
| Petitioners |
9 others,
Syed NAIMAT ALI
|
| Respondents |
SECRETARY, GOVERNMENT OF BALOCHISTAN, EDUCATION DEPARTMENT,
Quetta court and another
|
| Citations |
1998 SLD 1490,
1998 CLC 1865
|
| Other Citations |
Water and Sanitation Authority, Quetta v. Niaz Muhammad PLD 1992 Quetta 75
|
| Laws Involved |
Land Acquisition Act
|
| Sections |
18,
23(1),
23(2)
|