| Case ID |
7f845c48-4f93-43ab-baa3-a74f280568dc |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 651 of 1995 |
| Decision Date |
May 20, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal of the Provincial Government regarding the compensation awarded for land acquisition. The Court found that the High Court had improperly reduced the compensation from Rs.2500 to Rs.2000 per Marla without adequately considering the specific circumstances of the acquisition. The Court emphasized that compensation should be determined based on the unique characteristics of the land in question and not merely by referencing compensation from other acquisitions. The Court ultimately revised the compensation to Rs.3000 per Marla, while declining to grant interest, but maintaining a solatium of 15% as per section 23(2) of the Land Acquisition Act. The case underscored the importance of a thorough examination of circumstances in land acquisition compensation cases. |
| Summary |
In the landmark case of Civil Appeal No. 651 of 1995, the Supreme Court of Pakistan addressed key issues surrounding land acquisition and compensation under the Land Acquisition Act of 1894. The case arose from a compensation dispute concerning 29 acres of land acquired for a Low Income Housing Scheme in Rajanpur. The initial compensation awarded was Rs.804 per Marla, which was contested by landowners resulting in the High Court enhancing it to Rs.2500 per Marla. However, the Provincial Government appealed this decision, leading to a complex examination of legal principles governing compensation determination. The Supreme Court ruled that the High Court's reduction of compensation lacked sufficient justification and reiterated that each case must be evaluated on its unique facts and circumstances. The decision to set the compensation at Rs.3000 per Marla reflects the Court's commitment to ensuring fair compensation based on thorough evidence evaluation. This ruling is significant for future land acquisition cases, emphasizing the necessity of proper legal processes and consideration of all relevant factors in compensation assessments. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
,
Collector, Rajanpur District
|
| Judges |
Khalil-ur-Rehman Khan,
Munir A. Sheikh,
Arid Wajihuddin Ahmed
|
| Lawyers |
Altaf Elahi Sheikh, Additional Advocate-General for Appellants,
Gul Zarin Kiyani, Advocate Supreme Court,
Mehr Khan Mehtab, Advocate-on-Record for Respondents
|
| Petitioners |
,
PROVINCE OF PUNJAB through Collector, Rajanpur District
|
| Respondents |
others,
MUHAMMAD AKRAM
|
| Citations |
1998 SLD 871,
1998 SCMR 2306
|
| Other Citations |
Pakistan v. Waliullah Sufyani PLD 1965 SC 310,
Paresh Chandra Biswas and others v. Tapen Kanti Choudhury and others PLD 1963 SC 598,
T.N. Angami v. Revoluei AIR 1972 SC 42,
Ramanbhai Ashabhai Patel v. Debhi Ajitkumar AIR 1965 SC 669,
Province of West Pakistan v. Associated Hotels of India Ltd. 1973 SCMR 367,
Muhammad Nawaz v. Hussain Shah 1990 SCMR 1621,
Abdur Rauf Khan v. Land Acquisition Collector 1992 SCMR 1181
|
| Laws Involved |
Constitution of Pakistan (1973),
Supreme Court Rules, 1980,
Civil Procedure Code (V of 1908),
Limitation Act (IX of 1908),
Land Acquisition Act (I of 1894)
|
| Sections |
185,
175(2),
187,
O.XXXIII, R.5,
O.XII, R.5,
O.XLI, Rr.22,
O.XLII, R.1,
S.5,
28,
23(2)
|