MUZAFAR-UL-MULK KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA Ss — 2022 MLD 1879 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 MLD 1879 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: MLD
Parties: MUZAFAR-UL-MULK KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA Ss

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUZAFAR-UL-MULK KHAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA Ss.18 & 23---acquisition of land---Compensation---Market value, determining of---Land owners were dissatisfied with compensation announced for their lands by authorities as well as by Trial Court---Contention of land owners was that their land had high potential value as the same was situated on main road and its market value was not less than Rupees 700/- per sq-ft---Validity---Revenue authorities and Trial Court based their decision/judgment on existing potentiality of acquired land---Factors of its future potentiality was totally ignored and as such on face of record, they erred in determining market value of acquired land---While determining market value of acquired land, multiple factors including its location, existing potentiality, proximity to road or any commercial building and over and above its future prospects had to be considered---Both the forums below did not properly fix market value of acquired land---No material was available on record on the basis of which Trial Court fixed Rupees 300/- per sq-ft, as the whole evidence either spoke of Rupees 700/- per sq-ft, or at least of Rupees 500/- per sq-ft--- Location of acquired land was 100 meters from main Swat-Kalam Road and there existed commercial buildings including petrol pumps, markets, shops---High Court by applying such yardstick modified order of Trial Court by enhancing compensation of acquired land from Rupees 300/- per sq-ft to Rupees 500/-per sq-ft along with 15% compulsory acquisition charges---appeal was allowed accordingly. Head NotesCase Description

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