FEDERAL GOVERNMENT OF PAKISTAN through Ministry of Defence Rawalpindi vs Mst — 2023 PLD 277 SUPREME-COURT

Case information

Citation: 2023 PLD 277 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: PLD
Parties: FEDERAL GOVERNMENT OF PAKISTAN through Ministry of Defence Rawalpindi vs Mst
Provisions referred to: S. 23---W

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

FEDERAL GOVERNMENT OF PAKISTAN through Ministry of Defence Rawalpindi VS Mst. ZAKIA BEGUM S. 23---West Pakistan Land Revenue Assessment Rules, 1968, R.4---Land acquisition---Compensation---Land acquired falling within different categories such as Chahi Aabi Selab, Maira Rakkar Lass, Banjar Qadeem and Ghair Mumkin---Question as to whether the acquired land could be treated as one large area for purpose of determining compensation---Held, that measuring the land in small parcels, based on ownership and revenue classifications is to the disadvantage of the landowners, because it undermines the potential value particularly when the acquisition is of a large area of land for a single project---In such a situation, the landowners must be given the benefit of the potential value of the entire area being acquired and not just small pieces of land, so as to ensure that the landowners are compensated as per the expected reasonable capacity of land use---Where land is acquired for one project, the potential value of the entire area being acquired is relevant as the very purpose of the acquisition suggests that the land has future prospects.

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