| Case ID |
51399946-d6f0-43f2-b54f-86d4155b339f |
| Body |
View case body. Login to View |
| Case Number |
C.A. No. 88 of 2010 |
| Decision Date |
Nov 11, 2016 |
| Hearing Date |
Nov 11, 2016 |
| Decision |
The High Court of Azad Jammu and Kashmir accepted the appeal filed by the petitioners against the judgment and decree passed by the Reference Judge Mangla Dam Raising Project Mirpur dated 19.12.2009. The court found that the enhancement of compensation by the lower court was insufficient compared to the hike in property prices. It was determined that the market value of the acquired land in Village Thothal should be fixed as Rs. 8,40,000/- per kanal irrespective of its kind, along with 15% compulsory acquisition charges. The court emphasized that the land had potential for commercial and residential use, making the classification of land types irrelevant for compensation purposes. The decision ensures adequate compensation for the landowners based on the market value determined by the Collector, promoting fair land acquisition practices. |
| Summary |
In the landmark case of MUHAMMAD LATIF AND 77 others versus COLLECTOR LAND ACQUISITION AND 2 others, the High Court of Azad Jammu and Kashmir addressed significant issues pertaining to land acquisition and compensation. The case, cited as 2017 SLD 888 = 2017 PLJ 103, was deliberated under C.A. No. 88 of 2010 on November 11, 2016. The petitioners challenged the adequacy of compensation for land acquired for the Mangla Dam Raising Project in Mirpur, asserting that the initial compensation determined by the Collector was substantially lower than the prevailing market value. Represented by Advocate Ch. Muhammad Afzal, the appellants provided robust evidence, including sale deeds, to substantiate their claims for enhanced compensation. The High Court, presided over by Justice MUHAMMAD SHERAZ KIANI, meticulously reviewed the legal frameworks, including the Land Acquisition Act of 1894 and the AJK Interim Constitution Act of 1974. The court emphasized the importance of fair compensation, referencing pivotal judgments that mandate a liberal and generous interpretation of compensation rights to landowners. The decision underscored that the potential commercial and residential value of the acquired land in Village Thothal warranted a fixed market value of Rs. 8,40,000/- per kanal, irrespective of land kind, alongside a 15% compulsory acquisition charge. This ruling not only rectified the compensation to align with market standards but also reinforced the principles of equitable land acquisition, ensuring that government projects do not undermine the financial interests of landowners. The case serves as a critical reference for future land acquisition disputes, highlighting the judiciary's role in balancing developmental needs with individual property rights. By setting a precedent for fair market valuation and opposing discriminatory compensation practices, the High Court has fortified the legal protections available to citizens against undervalued land acquisitions. This judgment is poised to influence land acquisition policies, promoting transparency, fairness, and adherence to established legal standards in Azad Jammu and Kashmir's judicial landscape. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Collector Land Acquisition,
Mangla Dam Raising Project Mirpur,
Village Thothal,
Municipal Corporation Mirpur
|
| Judges |
MUHAMMAD SHERAZ KIANI
|
| Lawyers |
Ch. Muhammad Afzal,
Haji Ch. Muhammad Afzal
|
| Petitioners |
MUHAMMAD LATIF,
77 others
|
| Respondents |
2 others,
COLLECTOR LAND ACQUISITION
|
| Citations |
2017 SLD 888,
2017 PLJ 103
|
| Other Citations |
PLD 2002 SC (Sic),
1916 SCR 136,
2013 SCR 513,
2013 SCR 1224,
2010 SCR 47,
396 SCR 132,
PLD 2004 SC 512,
1999 SCMR 1647,
PLD 2002 SC 25,
1993 SCMR 1700,
PLD 2004 AJ&K 22,
PLJ 1997 SC 1359,
PLD 1988 SC AJ&K 6,
Ch. Muhammad Siddique vs. Azad Govt. & others,
Akhtar Hussain & 2 other v. Azad Govt. [2013 SCR 70],
Marawat Khan & 4 others reported as 2013 SCR 1224,
2015 SCR 712
|
| Laws Involved |
Land Acquisition Act, 1894,
AJK Interim Constitution Act, 1974
|
| Sections |
18,
23,
42-B
|