Legal Case Summary

Case Details
Case ID 67a65ab0-c497-457d-964e-af0e4f965a4d
Body View case body.
Case Number Civil Appeal Nos. 14 of 1992 and 41 of 1989
Decision Date Nov 25, 1993
Hearing Date
Decision The court assessed the market value of the land under dispute at Rs. 100,000 per kanal, in addition to a 15% compulsory acquisition allowance. The court found that the previous awards and evidence presented did not sufficiently justify the lower compensation amounts previously suggested. The court emphasized the importance of considering market value relevant to the date of notification and the necessity to include evidence from sale deeds executed near the time of acquisition. The decision was made after a thorough review of the evidence and the conflicting opinions among the judges.
Summary This case revolves around the acquisition of land measuring 4 kanals 10 marlas and 5 kanals 8 marlas for the Azad Jammu and Kashmir University. The case highlights the complexities of land valuation in compensation claims under the Land Acquisition Act. Key issues include the determination of market value based on the date of notification and the relevance of sale deeds in establishing fair compensation. The court ultimately ruled in favor of a higher compensation amount than previously awarded, based on thorough examination of market trends and evidence. This case serves as a significant precedent for future land acquisition disputes, emphasizing the need for fair and just compensation in accordance with prevailing market conditions.
Court High Court (AJ&K)
Entities Involved Not available
Judges ABDUL MAJEED MALLICK, C.J., Mr. Justice M.H. Gilani, Mr. Justice Riaz Akhtar Chaudhry
Lawyers Not available
Petitioners Mst. Alif Noor, Sain Khan
Respondents Azad Government Of The State Of Jammu And Kashmir
Citations 1994 SLD 1079, 1994 KLR 11
Other Citations PLD 1988 S.C. AJK-6, AIR 1959 Madras 162, 1985 CLC 2161
Laws Involved Not available
Sections Not available