| Case ID |
f54446cb-d0e4-464e-b60e-2a6e15454468 |
| Body |
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| Case Number |
R.F.A. No. 83-P of 2018 |
| Decision Date |
Sep 06, 2019 |
| Hearing Date |
Sep 06, 2019 |
| Decision |
The Peshawar High Court dismissed the appeal challenging the judgment of the learned Judge Referee Court which had enhanced the compensation amount for the acquired land to Rs. 75,000/- per marla. The court found that the Referee Judge had justifiably determined the compensation amount based on the local commission's report and evidence presented, considering the market value and the potential value of the land acquired. The court emphasized that the compensation must adequately reflect the deprivation faced by the landowners and should not solely rely on market value but also consider the circumstances under which the land was acquired. |
| Summary |
In the case of R.F.A. No. 83-P of 2018 decided by the Peshawar High Court, the court dealt with a dispute regarding the enhancement of compensation for land acquired under the Land Acquisition Act, 1894. The appellants, represented by Muhammad Sohail, Asstt. A.G., challenged the decision of the Judge Referee Court which had increased the compensation to Rs. 75,000/- per marla. The court evaluated the procedure followed in determining the compensation, including the recommendations made by local commissions and evidence from various witnesses. The court upheld the decision of the lower court, highlighting the importance of not only considering the market value but also ensuring that landowners are adequately compensated for being deprived of their property. This case is significant in demonstrating the judicial approach towards fair compensation in land acquisition cases, emphasizing the need for a careful assessment of market conditions, potential land value, and the rights of property owners under the law. Keywords such as 'land acquisition', 'compensation', 'Peshawar High Court', and 'legal proceedings' are essential for understanding the implications of this case and its relevance in property law discussions. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
WIQAR AHMAD, JUSTICE
|
| Lawyers |
Muhammad Sohail, Asstt. A.G. for Appellants,
Muhammad Tariq Khan Yousafzai for Respondents
|
| Petitioners |
2 OTHERS,
DIRECTOR-GENERAL PROVINCIAL DISASTER MANAGEMENT AUTHORITY (PDMA)
|
| Respondents |
2 OTHERS,
QAZI BADAR-ULWAHAB
|
| Citations |
2020 SLD 2177 = 2020 YLR 1869
|
| Other Citations |
Province of Punjab through Collector Bahawalpur, District, Bahawalpur and others v. Col. Abdul Majeed and others 1997 SCMR 1692,
Haji Muhammad Yaqoob and another v. Collector, Land Acquisition/ Additional Deputy Commissioner, Peshawar 1997 SCMR 1670,
Muzaffar Khan and 3 others v. Government of N.W..F.P through Secretary Education, Peshawar and 2 others 2016 CLC 1867,
Fazalur Rahman and others v. General Manager, S.I.D.B and another PLD 1986 SC 158,
Malik Aman and others v. Land Acquisition Collector and others PLD 1988 SC 32,
Nisar Ahmad Khan and others v. Collector, Land Acquisition, Swabi PLD 2002 SC 25
|
| Laws Involved |
Land Acquisition Act, 1894
|
| Sections |
18,
23,
4
|