| Case ID |
d497b80b-a9e5-4626-b3b6-1310a5145ab2 |
| Body |
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| Case Number |
C. P. S. L. A. No. 129 R of 1977 |
| Decision Date |
Oct 16, 1977 |
| Hearing Date |
|
| Decision |
The petition for leave to appeal against the Lahore High Court's decision was dismissed. The Supreme Court upheld the lower court's ruling that the compensation for the acquired land was correctly determined by the trial court. The court found that the quinquennial average price was unreliable as it was based on a limited number of transactions, and emphasized that the market value should reflect the conditions at the time of the notification. The decision reaffirmed that compensation should consider all relevant circumstances, including the actual market conditions and comparable sales in the vicinity. |
| Summary |
In the case of C. P. S. L. A. No. 129 R of 1977, the Supreme Court of Pakistan addressed the determination of compensation under the Land Acquisition Act for land acquired for government purposes. The court emphasized the importance of accurately assessing market value based on comprehensive data rather than relying solely on limited historical averages. This case highlights key issues in land acquisition, such as the necessity for fair compensation reflective of current market conditions, and the adequacy of evidence presented in lower courts. The ruling reinforces the principle that compensation must be just and equitable, taking into account the specific characteristics of the land and its surrounding area. Keywords relevant to this case include Land Acquisition, Compensation Determination, Market Value Assessment, Supreme Court of Pakistan, and Legal Principles in Land Law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
WAHEEDUDDIN AHMED,
NASIM HASAN SHAH
|
| Lawyers |
Muhammad Fatal Lone, Advocate,
Rana Maqbool Ahmad Qadri, Advocate on-Record
|
| Petitioners |
Pakistan through the Secretary, Ministry of Defence, Government of Pakistan Rawalpindi and Anothers
|
| Respondents |
Malik MUHAMMAD ASLAM and 5 Others
|
| Citations |
1978 SLD 84,
1978 SCMR 5
|
| Other Citations |
Not available
|
| Laws Involved |
Land Acquisition Act (I of 1894)
|
| Sections |
4,
23
|