| Case ID |
5c767ea9-4e66-4a71-9885-34a959ff4cb2 |
| Body |
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| Case Number |
R.F.As. Nos. 135, 278, 242, 272, 249, 267, 282, 17 |
| Decision Date |
Mar 26, 2014 |
| Hearing Date |
|
| Decision |
The judgment of the Peshawar High Court dismissed the Regular First Appeals filed by the appellants against the compensation awarded by the Land Acquisition Collector. The court found that the criteria used for determining compensation based on a one-year average was inadequate, given the extraordinary increase in land values. The court emphasized that compensation should reflect the potential value of acquired land, which is particularly relevant for properties adjacent to roads. The court upheld the enhanced compensation awarded by the referee court, concluding that the amount was just and equitable in light of the current market conditions and the need to adequately compensate individuals deprived of their property for public purposes. Consequently, all appeals were dismissed with no order as to costs. |
| Summary |
This case revolves around the assessment of compensation for land acquired under the Land Acquisition Act, 1894. The appellants contested the compensation awarded by the Land Acquisition Collector, arguing that it was based on outdated criteria that did not account for the significant rise in land values. The Peshawar High Court ruled that compensation must be determined by considering the market value of the land at the time of acquisition, reflecting the interests of both the seller and buyer. The court highlighted the importance of compensating landowners fairly when their land is acquired for public use. The decision reaffirmed legal principles regarding fair compensation, emphasizing that land situated near roads typically holds higher value. The appeals were ultimately dismissed, affirming the decisions made by the lower courts regarding compensation assessments and the criteria used for determining fair value. This case is significant as it sets a precedent for future land acquisition cases, particularly in addressing the valuation of land in light of market trends and public interest. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
WAQAR AHMAD SETH, J
|
| Lawyers |
Abdur Rauf Khan for Appellants,
Munir Hussain Lughmani A.A.G. for Respondent
|
| Petitioners |
ASLAM KHAN and others
|
| Respondents |
COLLECTOR LAND ACQUISITION
|
| Citations |
2015 SLD 722,
2015 YLR 818
|
| Other Citations |
Land Acquisition Collector and others v. Mst. Iqbal Begum and others PLD 2010 SC 719,
Sultan Shah and another v. Land Acquisition Collector Swabi and others PLD 2011 Pesh. 60
|
| Laws Involved |
Land Acquisition Act, 1894
|
| Sections |
4,
18,
30
|