Legal Case Summary

Case Details
Case ID 5d109161-7ae5-4620-a31a-579b7a9d985f
Body View case body.
Case Number C.As. Nos. 2150 to 2263 of 2019
Decision Date Mar 24, 2022
Hearing Date Mar 24, 2022
Decision The Supreme Court upheld the decision of the Lahore High Court which had increased the compensation for land acquisition to Rs. 30,000 per kanal, along with additional charges. The Court emphasized the importance of considering both market value and potential value when determining compensation for land acquired under the Land Acquisition Act, ensuring that property owners receive fair compensation reflective of future prospects and actual market conditions. The appeals filed by the Federation of Pakistan and the Military Estate Officer were dismissed, reinforcing the principle that landowners should not be deprived of their rights without adequate compensation.
Summary This case revolves around the acquisition of land for the extension of the Pakistan Ordinance Factory (POF). The Supreme Court of Pakistan addressed multiple appeals regarding the compensation awarded to landowners, which had been increased by the Lahore High Court. The judgment emphasized the need to evaluate both market value and potential value of the land, ensuring that landowners receive fair compensation. It highlighted the factors involved in determining compensation, including the proximity of the land to urban areas, its classification, and its potential for future use. The decision reinforces the constitutional protection of property rights, ensuring that individuals are compensated adequately when their land is acquired for public purposes. This case is significant for understanding the principles applied in land acquisition cases and the rights of landowners in Pakistan.
Court Supreme Court of Pakistan
Entities Involved Government of Punjab, Pakistan Ordinance Factory (POF)
Judges UMAR ATA BANDIAL, C.J., SYED MANSOOR ALI SHAH, MRS. AYESHA A. MALIK
Lawyers Mr. Sajid Ilyas Bhatti, Addl. Attorney General for Pakistan, M. Zaheer (MEO), Abbottabad, Mr. S.M. Ayub Shah Bokhari, ASC, Ch. Akhtar Ali AOR, Mr. M. Nawaz Khan, ASC, Sh. Zamir Hussain, Senior ASC, Mr. Mustafa Ramday, ASC, Mr. Rashid Hafeez, ASC, Jawad Mehboob, Manager Legal, POF, Ms. Zoe Khan, Advocate, Mr. Akbar Khan, Advocate, Mr. Qasim Chohan, Additional Advocate General, Punjab
Petitioners FEDERAL GOVERNMENT OF PAKISTAN through Ministry of Defence Rawalpindi
Respondents Mst. ZAKIA BEGUM
Citations 2023 SLD 2509, 2023 PLJ 385
Other Citations PLD 1988 SC 32, 2015 SCMR 28, 1980 SCMR 63, PLD 1986 SC 158, 1991 SCMR 2164, 1992 SCMR 1245, 2020 SCMR 265, PLD 2010 SC 719, AIR 1988 SC 1652
Laws Involved Land Acquisition Act, 1894, Punjab Land Acquisition Rules, 1983
Sections 23, 24, 10(1)(iii)(a), 10(1)(iii)(b), 10(1)(iii)(c)