Malik TARIQ MAHMOOD vs PROVINCE OF PUNJAB S — 2023 SCMR 102 SUPREME-COURT

Case information

Citation: 2023 SCMR 102 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: Malik TARIQ MAHMOOD vs PROVINCE OF PUNJAB S
Subject matter: Civil
Provisions referred to: S. 23; Civil Procedure Code (V of 1908)

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

Malik TARIQ MAHMOOD VS PROVINCE OF PUNJAB S. 23(1)---Civil Procedure Code (V of 1908), O. XXVI, R. 9---Constitution of Pakistan, Art. 24---Land acquisition---Compensation, quantum of---Report of Local Commission, reliance upon---Scope---In land acquisition cases the Court should bear in mind that under Article 24 of the Constitution, the landowner has a fundamental right to get fair and just compensation for the land acquired, and must, therefore, take all possible steps to protect the landowner from denial of that right, and to do so the law does not restrict it to merely rely on the evidence of the parties, but obliges it to exercise its suo motu powers under Order XXVI, Rule 9, C.P.C. and, to obtain the Commission's report on the matters relating to the location, type and use of the land acquired and its market value.

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