Case Details

Citation(s)
2026 SLG 4296 = 2026 SLD 4296
Islamabad High Court
R.F.A No.63 of 2011 R.F.A No.10 of 2014
Presented By: (INAAM AMEEN MINHAS) JUDGE
Appellant/(s) by: M/s Zulfiqar Ali Abbasi and Shahid Munir, Advocates in R.F.A No.63/2011. Ms. Shahina Akbar, Advocate in R.F.A No.10/2014.
Respondents by: Ms. Shahina Akbar, Advocate in R.F.A No.63/2011. M/s Zulfiqar Ali Abbasi and Shahid Munir, Advocates in R.F.A No.10/2014. Research Assistance by: Muhammad Fahad Khattak, Advocate. Date of Hearing: 12.05.2025.

Mst. Nighat Parveen and others

VS

. N.H.A and others N.H.A Vs. Nighat Parveen and others

Law: Land Acquisition Act, 1894

Section: 9, 18, 23, 25

 Case Summary

Judge: Inaam Ameen Minhas, J.
Court: Islamabad High Court
Date: 23.06.2025
Subject: Enhancement of compensation for compulsory acquisition of land under the Land Acquisition Act, 1894.

1. Core Facts

  • NHA acquired 119 Kanal 11 Marla land in Village Phulgran, Islamabad, for construction of the Islamabad–Murree dual carriageway.
  • Section 4 notification was issued on 11.10.1999.
  • Land Acquisition Collector awarded Rs.160,241 per Kanal.
  • On reference under Section 18, the Referee Court enhanced it to Rs.480,000 per Kanal + 15% compulsory acquisition charges.
  • Both sides appealed:
    • Landowners sought further enhancement.
    • NHA sought restoration of Rs.160,241 per Kanal.

2. Main Legal Issue

How should the market value of compulsorily acquired land be determined, and could the Court enhance compensation beyond the amount claimed before the Collector?

3. Court's Key Findings

The Court held that compensation cannot be determined merely by relying upon:

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