| Case ID |
7383e20e-d4ce-47d4-8abc-7fb4216abb8e |
| Body |
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| Case Number |
R.F.As. Nos. 64-A to 115-A of 2017 |
| Decision Date |
Mar 12, 2020 |
| Hearing Date |
Mar 12, 2020 |
| Decision |
The Peshawar High Court set aside the previous judgments dated 27.02.2017, remanding the case back to the learned Judge Referee Court. The court directed the appointment of a local commissioner to determine the market value of the acquired land at the time of taking possession, considering various factors including its proximity to commercial and residential areas. The court emphasized that the compensation should reflect the market rate, taking into account the potential uses of the land and the circumstances surrounding its acquisition. The decision aims to ensure that affected landowners receive fair compensation based on the true value of their property. |
| Summary |
This case revolves around the appeals related to the compensation awarded for land acquired under the Land Acquisition Act, 1894. The national Highway authority acquired land for the construction of the Hassan Abdal-Havelian-Mansehra Expressway (E-35) project. The affected landowners challenged the compensation rates set by the Land Acquisition Collector, leading to a series of appeals. The High Court's ruling emphasized the importance of determining compensation based on the current market value of the land, considering factors such as adjacent land prices and the land's potential future uses. The decision reinforces the principle that compensation should reflect the fair market value at the time of acquisition, ensuring justice for landowners who have lost their property. This case highlights the significance of proper valuation methods in land acquisition disputes, ensuring that affected parties are adequately compensated for their losses. |
| Court |
Peshawar High Court, Abbottabad Bench
|
| Entities Involved |
|
| Judges |
AHMAD ALI, JUSTICE
|
| Lawyers |
Nasir Ayub Khan,
Javed Iqbal Sheikh
|
| Petitioners |
LAND ACQUISITION COLLECTOR, E35 AND 2 OTHERS
|
| Respondents |
MST. RESHAM JAN
|
| Citations |
2021 SLD 320,
2021 YLR 32
|
| Other Citations |
Murad Khan through his widow and 13 others v. Land Acquisition Collector, Peshawar and another 1999 SCMR 1647,
Province of Punjab v. Jamil Ahmad Malik 2000 SCMR 870,
Province of Punjab through Collector, Bahawalpur and others v. Sh. Hassan Ali and others PLD 2009 SC 16
|
| Laws Involved |
Land Acquisition Act, 1894
|
| Sections |
18,
23
|