| Case ID |
e1686c74-9faa-4956-abcc-631768ec2840 |
| Body |
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| Case Number |
R.F.A. No, 164 of 2005 |
| Decision Date |
Oct 29, 2007 |
| Hearing Date |
Oct 29, 2007 |
| Decision |
The court upheld the decision of the Referee Court which enhanced the compensation for the acquired land from Rs. 9,000 to Rs. 14,000 per marla, citing the higher potential and utility of the land. The court determined that the Referee Court had thoroughly considered the evidence presented, including the land's accessibility and its value for commercial and residential purposes, and found no legitimate grounds to interfere with the Referee Court's judgment. The appeal filed by the Land Acquisition Collector was dismissed, affirming the enhanced compensation amount. |
| Summary |
This case revolves around the acquisition of land for the Islamabad Peshawar Motorway Project under the Land Acquisition Act of 1894. The respondents, led by Mamraiz Khan, contested the compensation awarded by the Land Acquisition Collector, claiming it was inadequate given the land's commercial value and potential. The Referee Court assessed various factors, including the land's utility, proximity to essential services, and potential for development, leading to an increase in the compensation amount. The Peshawar High Court affirmed the Referee Court's decision, emphasizing the importance of a fair valuation process in land acquisition cases. This case highlights critical aspects of land acquisition law, including compensation assessment, the role of evidence in judicial decision-making, and the need for just outcomes for landowners affected by government projects. |
| Court |
Peshawar High Court
|
| Entities Involved |
Land Acquisition Collector,
Islamabad Peshawar Motorway Project
|
| Judges |
IJAZ UL HASSAN KHAN
|
| Lawyers |
Sikandar Rashid,
Gul Sadbar
|
| Petitioners |
Mamraiz Khan
|
| Respondents |
Land Acquisition Collector and Others
|
| Citations |
2008 SLD 1156,
2008 MLD 57
|
| Other Citations |
Not available
|
| Laws Involved |
Land Acquisition Act, 1894
|
| Sections |
4,
11,
18,
23,
54
|