NATIONAL HIGHWAY AUTHORITY vs Rai AHMAD NAWAZ KHAN S — 2023 SCMR 700 SUPREME-COURT

Case information

Citation: 2023 SCMR 700 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: NATIONAL HIGHWAY AUTHORITY vs Rai AHMAD NAWAZ KHAN S
Provisions referred to: S. 23---M; Land Acquisition Act

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

NATIONAL HIGHWAY AUTHORITY VS Rai AHMAD NAWAZ KHAN S. 23---Matters to be considered in determining compensation---Intention of the legislature behind section 23 of the Land Acquisition Act, 1894---Whenever a Court is determining the quantum of compensation to be awarded to those who had been subjected to exercise of the power of eminent domain under the Act, it needs to be considerate and sympathetic towards the claims made by those whose property was compulsorily taken by the State against their will for a public purpose---Section 23 allows a Court to compensate such landowners for giving up their properties for the greater good, on the doctrine of individual rights must give way to the greater public interest (salus populi suprema lex esto).

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