| Case ID |
67a65ab0-c497-457d-964e-af0e4f965a4d |
| Body |
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| Case Number |
Civil Appeal Nos. 14 of 1992 and 41 of 1989 |
| Decision Date |
Nov 25, 1993 |
| Hearing Date |
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| 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
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| Laws Involved |
Not available
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| Sections |
Not available
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