| Citation(s) |
|---|
| 2013 SLG 1672 2013 SLD 1672 2013 SCMR 1644 |
Supreme Court of Pakistan
Civil Appeals Nos.563 to 567 of 2008, decision dated: 12-06-2013.(On appeal from judgment of Lahore High Court, Rawalpindi Bench, Rawalpindi dated 7-5-2008 passed in R.F.As. Nos.61, 76 to 79 of 1992.)
ANWAR ZAHEER, JAMALI, ASIF SAEED KHAN KHOSA AND AMIR HANI MUSLIM, JJ
Gulzarin Kiani, Senior Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Appellant. Ex parte for
Respondent No. 1. Syed Ayub Bokhari, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Private
Respondents.
Civil Appeals Nos.563 to 567 of 2008, decision dated: 12-06-2013.(On appeal from judgment of Lahore High Court, Rawalpindi Bench, Rawalpindi dated 7-5-2008 passed in R.F.As. Nos.61, 76 to 79 of 1992.)
ANWAR ZAHEER, JAMALI, ASIF SAEED KHAN KHOSA AND AMIR HANI MUSLIM, JJ
Gulzarin Kiani, Senior Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Appellant. Ex parte for
Respondent No. 1. Syed Ayub Bokhari, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Private
Respondents.
ASKARI CEMENT LIMITED (FORMERLY ASSOCIATED CEMENT LIMITED) through Chief Executive
VS
LAND ACQUISITION COLLECTOR (INDUSTRIES) PUNJAB and others
Law:
Section:
(a) Land Acquisition Act (I of 1894)---S. 23---Acquisition of land for commercial purposes---Quantum of compensation---Factors to be considered for determining market value of acquired land---Scope---Land in question was acquired from the respondents for a cement factory---Land Acquisition Collector passed compensatory award at the rate of Rs. 13,776.20 per kanal, plus 25% compulsory acquisition charges, and Rs. 100 per acre administration charges---Land owners being dissatisfied with the quantum of compensation filed their objections/reference before the civil court, which enhanced rate of compensation from Rs. 13,776.20 per kanal to Rs.34,500 per kanal---Cement factory/appellant filed appeals before the High Court, which reduced the compensation from Rs.34,500 per kanal to Rs. 30,000 per kanal---Validity---Land acquired for the benefit of cement factory was surrounded from different directions by metalled roads, railway link, residential colonies and industrial units---Land in question was being used for commercial purposes---One of the witnesses who appeared in court on behalf of the cement factory admitted in his evidence that there were residential colonies, factories and industries in the area where acquired land was situated; that land acquired was only at a distance of half kilometer from a major road (Grand Trunk Road), and that about three years ago cement factory purchased some other land similar to the acquired land at the rate of Rs.30,000 per kanal---Two courts below had carefully taken into account all aspects of the case and based on proper appreciation of evidence, finally awarded compensation at Rs. 30,000 per kanal with other consequential legal benefits---Appeals were dismissed accordingly. (b) Land Acquisition Act (I of 1894)--- ----Ss. 23 & 24---Acquisition of land---Quantum of compensation---Factors to be considered for determining market value of acquired land---Scope---For determining proper rate of compensation for the acquired land, not only the factors highlighted in Ss.23 & 24 of Land Acquisition Act, 1894 were relevant, but the peculiar facts and circumstances of each case were more important deciding factors in such…
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