NOMAN AHMED vs CAPITAL DEVELOPMENT AUTHORITY S — 2022 PLD 75 ISLAMABAD

Case information

Citation: 2022 PLD 75 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PLD
Parties: NOMAN AHMED vs CAPITAL DEVELOPMENT AUTHORITY S
Provisions referred to: S. 12---C

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

NOMAN AHMED VS CAPITAL DEVELOPMENT AUTHORITY S.12---Constitution of Pakistan, Art.24---Expression 'compensation'---Determining factors---Power to compulsorily acquire property is subject to duty to 'compensate' affected owner---Compensation is based on principle of equivalence which essentially has meaning of restoring injured party to his/her former position or to give equivalent for the loss sustained---Neither should affected party be enriched nor impoverished---Duty of State is to put owner of condemned property in same position as the latter was before---Quantum of compensation must be equivalent to injury or loss suffered---In the context of eminent domain it is implicit in the expression 'compensation' that injured party is at least put in a position as the latter was before so that opportunity to rehabilitate or resettle is not lost---It is right of every person whose property is intended to be taken to be dealt with fairly, justly, equitably and in accordance with law---Such is implicit in the right that duty of public functionaries is to ensure that market value is determined in a transparent manner---Procedures and policies should be clear, predictable and enforceable---Adoption of principles of good governance is of paramount importance for ensuring that affected does not lose confidence in the system.

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