| Case ID |
5d109161-7ae5-4620-a31a-579b7a9d985f |
| Body |
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| 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)
|