Nawabzada ABDUL QADIR KHAN vs LAND ACQUISITION COLLECTOR MARDAN S — 2023 SCMR 950 SUPREME-COURT

Case information

Citation: 2023 SCMR 950 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: Nawabzada ABDUL QADIR KHAN vs LAND ACQUISITION COLLECTOR MARDAN S
Provisions referred to: S. 23---C; 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

Nawabzada ABDUL QADIR KHAN VS LAND ACQUISITION COLLECTOR MARDAN S. 23---Constitution of Pakistan, Art. 24---Matters to be considered in determining compensation---Loss caused to landowner because of being deprived of his proprietary rights---Scope---Whenever a Court is to consider the quantum of compensation, it must be duly aware and cognisant of the loss being caused to the landowners due to the Federal or Provincial Government's exercise of eminent domain under the Land Acquisition Act, 1894 ('LAA 1894')---In essence, landowners are deprived of their constitutionally-guaranteed proprietary rights under Article 24 of the Constitution whenever a government, be it Federal or Provincial, exercises eminent domain under the LAA 1894---Thus, it is only fair and just that the persons who are affected by the exercise of eminent domain are at the centre of consideration when it comes to determining the quantum of compensation.

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