| Citation(s) |
| 2026 SLD 3601 2026 SLGG 3601 = 2026 SCP = 2026 SCMR 1586 |
Supreme Court of Pakistan
ustice Musarrat Hilali CIVIL APPEALS No.203-P TO 206-P OF 2023 AND 196-P TO 200-P/2024, 77-P, 151-P TO 156-P/2025 Against the judgments dated 15.05.2023, 18.11.2024, 13.02.2025, 08.08.2025, 24.06.2025, passed by the Peshawar High Court, Peshawar in RFA.No.286-P, 287-P, 288-P, 289-P, 378-P, 384-P, 385-P, 386-P, 580-P/2022 & RFA.No.276-P/2023, RFA No.290-P, 399-P, 291-P, 306-P, 311-P & 351-P/2022. CMAs.No.735-P to 738-P/2023 in CAs.203-P to 206-P/23 CMAs.No.1371-P to 1375-P/24 in CAs.196-P to 200-P/24 CMAs.No.582-P/2025 in CA.No.77-P/2025 (Stay applications) and CMA.No.12662/2025 in CA.200-P/2024 for deletion of respondent.
Presented By: Justice Muhammad Ali Mazhar Justice Musarrat Hilali
Mr. Muhammad Hamayun Khan, ASC (In CA.No.203-P/23 & CA.No.199-P/24) Chaudhary Hafeez Ullah Yaqoob, ASC (in CA.206-P/23) Mr. Khalid Mahmood, ASC (In CA.151-P to 153-P/25, CA.156-P/24) Mr. Abid Ali, ASC (In CAs.196-P to 198-P/24) Mr. Taif Khan, ASC (In CA.200-P/24) Mr. Muhammad Javed Yousafzai, ASC Mr. Fazal-e-Wahid, ASC (Via video link from Peshawar) (In CA.1547-P/25 & 155-P/25)
District Collector Land Acquisition, District Swabi, (Now Deputy Commissioner, Swabi) and others (In CA.203-P to 206-P/23 4) Deputy Commissioner, Swabi (Previously District Collector Land Acquisition, District Swabi), and others. (In CA.196-P/24, 198- P/24, 199-P, 200- P/24, 151-P to 156- P/25) The Government of Khyber Pakhtunkhwa through Secretary Irrigation Department, Peshawar and others. In CA.197-P/24) Collector Land Acquisition/Deputy Commissioner, Swabi and others ...Appellant
VERSUS
Qaisar Ali Khan and others Fida Muhammad and others Nazeer Muhammad thr.L.Rs & others Mst. Naeema Begum Fazal Dad (decd.) thr. L.Rs and others Dilshad Khan and others Muhammad Yameen and others Aziz ur Rehman and others Taj Wali Khan and others Zia-ul-Haq and others Muhammad Akram and others Abdus Samad and another Muhammad Bahadur and others ....Respondent
Law: Constitution of Pakistan, 1973
Section: 23,24
Law: Land Acquisition Act, 1894
Section: 3,4,18 & 30,23(1),23(2)
(1) Acquisition of land for public purposes (2) Fundamental right to hold the property under Article 23 & Article 24 of the Constitution (3) Criteria for assessment of fair market value (4) Role of the Court is to ensure fair compensation (5) The most recognizable principle of valuation is “gold for gold, not copper for gold.” Summary: The Supreme Court dismissed multiple civil appeals challenging Peshawar High Court judgments that upheld enhanced compensation awards for lands acquired for the Pehure High Level Canal Extension Project. The courts below (Referee Court and High Court) relied on Local Commission reports, market and potential value (including nearby developments and post-notification transactions), severance and compulsory acquisition damages, and Section 23 of the Land Acquisition Act, 1894 (as amended in Khyber Pakhtunkhwa) to increase compensation above the Collector’s rate. The Supreme Court held the High Court properly applied law, considered delay, contemporaneous sales, and potential value, and found no illegality, dismissing the appeals. Core points: Appeals under Section 54, Land Acquisition Act, 1894, against multiple High Court RFA judgments were dismissed. Land acquired for Pehure High Level Canal Extension Project; owners filed References under Sections 18 & 30 challenging Awards. Referee Court appointed Local Commission for spot inspection and market/potential valuation; Commission examined parties, revenue officials, property dealers, and Patwari records. Commission and Referee Court enhanced compensation and awarded compulsory acquisition and severance charges; High Court largely upheld those awards. Main legal issue: correct measure of compensation—market value vs. potential value and appropriate date for valuation. Khyber Pakhtunkhwa amendment (Ordinance XVII of 2001) substituted “date of taking possession” as reference for market value instead of date of Section 4 notification. Courts may consider contemporaneous and post-notification sales in vicinity, escalation during long acquisition periods, infrastructure proximity, change of neighborhood use, and other factual indicators of…
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