| Citation(s) |
|---|
| 2010 SLG 488 2010 SLD 488 2010 PLD 719 |
Supreme Court of Pakistan
Civil Appeals Nos. 1259, 1260 and 1265 of 2003, decision dated: 7-01-2010, hearing DATE : 7-01-2010
JAVED IQBAL, RAJA FAYYAZ AHMAD AND MUHAMMAD SAIR ALI, JJ
Jehanzeb Khan Bharewana, Advocate Supreme Court for Appellants (in C.As. Nos. 1259-1260 of 2003). Ch. Mushtaq Masood, Advocate Supreme Court for Appellants (in C.A. No. 1265 of 2003). Ch. Mushtaq Masood, Advocate Supreme Court (in C.As. Nos.1259, 1260 o
Civil Appeals Nos. 1259, 1260 and 1265 of 2003, decision dated: 7-01-2010, hearing DATE : 7-01-2010
JAVED IQBAL, RAJA FAYYAZ AHMAD AND MUHAMMAD SAIR ALI, JJ
Jehanzeb Khan Bharewana, Advocate Supreme Court for Appellants (in C.As. Nos. 1259-1260 of 2003). Ch. Mushtaq Masood, Advocate Supreme Court for Appellants (in C.A. No. 1265 of 2003). Ch. Mushtaq Masood, Advocate Supreme Court (in C.As. Nos.1259, 1260 o
LAND ACQUISITION COLLECTOR and others
VS
Mst. IQBAL BEGUM and others
Law: Land Acquisition Act, 1894
Section: Preamble,4,23,24
(a) Land Acquisition Act (I of 1894)------Ss. 4 & 23--Compensation of acquired land---Potentiality of land, determination of---Factors essential to be considered by Court stated. Potentiality of land should not be determined merely at the time of issuance of notification under S.4 of the Land Acquisition Act, 1894, but it should also be with reference to the use to which land is reasonably capable of being put in future. Potentiality of land cannot be determined without examining its future prospects; therefore, compensation cannot be based merely on basis of "past sales". Market Committee v. Rayyat Ali 1991 SCMR 572; Collector, Land Acquisition v. Abdur Rashid 1996 CLC 1193; West Pak. WAPDA v. Hiran Begum 1972 SCMR 138; Islamic University, Bahawalpur v. Khadim Hussain 1990 MLD 2158; Government of Pakistan Rawalpindi and another v. Malik Muhammad Aslam and 5 others 1978 SCMR 5 rel. (b) Land Acquisition Act (I of 1894)--- ----Preamble & S.23-- Object of Land Acquisition Act, 1894 was to provide complete indemnity to owner and not to allow acquisition of land without proper and adequate compensation. Chairman Serampore Municipality v. Secretary to State for India AIR 1922 cal. 386 and West Pakistan WAPDA v. Hiran Begum 1972 SCMR 138 rel. (c) Land Acquisition Act (I of 1894)--- ----S. 23---Compensation of acquired land, determination of---Principles ---Gold be given for gold and not copper for gold. Nazarul Hussain v. Collector PLD 1990 Lah. 472 and Land Acquisition Officer v. Kambar Ali Beg 1981 CLC 556 rel. (d) Land Acquisition Act (I of 1894)--- ----S.23---Compensation of acquired land, determination of ---Factors essential to be considered by Court stated. To determine compensation, the Court must ascertain the value on the date of notification, considering various factors including nature and location of acquired land and sale price of adjoining lands. In assessing market value of land, its location, potentiality and price evidence by transactions of similar land at the time of notification are factors, which should be kept in view. One year's average of sales taking place before publication of notification under section 4 Land Acquisition Act, 1894…
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