| Case ID |
d822eba7-c115-4d75-b1cd-2aad083a5cb3 |
| Body |
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| Case Number |
Civil Appeals Nos. 1521 to 1541, 1544, 1548 to 155 |
| Decision Date |
May 19, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan delivered a common judgment on May 19, 1998, concerning 25 Civil Appeals related to compensation for land acquired under the Land Acquisition Act of 1894. The court found that the previous judgments by the Peshawar High Court did not adequately consider the evidence presented regarding the appropriate compensation amounts. The appeals were allowed, setting aside the previous judgments and remanding the cases back to the High Court for fresh determination based on the evidence. The court emphasized that compensation must be determined based on factual evidence and not solely on prior rulings, ensuring justice for landowners affected by the acquisition process. |
| Summary |
The Supreme Court of Pakistan in the case of Ajmal Mian and others addressed the critical issue of land compensation under the Land Acquisition Act, 1894. The court reviewed multiple appeals concerning the enhancement of compensation amounts for land acquired for establishing an Industrial Estate by the Sarhad Development Authority. The judgment highlighted the necessity for courts to thoroughly evaluate the evidence presented by both parties when determining compensation. It underscored the importance of basing compensation on factual evidence rather than solely relying on previous rulings. This decision serves as a precedent for future cases involving land acquisition and compensation, ensuring that landowners receive fair compensation aligned with market value. The case also references previous important rulings that shaped compensation standards, making it significant for legal practitioners and landowners alike. Keywords: land acquisition, compensation, Supreme Court of Pakistan, legal precedent, landowners' rights, evidence evaluation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Sarhad Development Authority
|
| Judges |
AJMAL MIAN, C.J.,
RAJA AFRASIAB KHAN,
MUHAMMAD BASHIR, JEHANGIRI, JJ
|
| Lawyers |
M. Sardar Khan, Senior Advocate Supreme Court,
M. Latif Khan, Advocate Supreme Court,
Safeerullah Khan, Advocate Supreme Court,
Gulzarin Kiani, Advocate Supreme Court,
M.A. Zaidi, Advocate-on-Record,
Mansoor Ahmed, Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate-on-Record,
Manzoor Ahmed Rana, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record
|
| Petitioners |
Sardar MUHAMMAD SAFDAR KHAN and others
|
| Respondents |
LAND ACQUISITION COLLECTOR/DEPUTY COMMISSIONER, ABBOTTABAD and others
|
| Citations |
1998 SLD 851,
1998 SCMR 2142
|
| Other Citations |
Sardar Abdur Rauf Khan and others v. The Land Acquisition Collector/Deputy Commissioner, Abbottabad and others 1991 SCMR 2164,
Province of Punjab through Collector, Bahawalpur District, Bahawalpur and others v. Col. Abdul Majeed and others 1997 SCMR 1692
|
| Laws Involved |
Land Acquisition Act
|
| Sections |
23
|