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---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

Nawabzada ABDUL QADIR KHAN VS LAND ACQUISITION COLLECTOR MARDAN S. 23---Matters to be considered in determining compensation---Compensation based on a one-year average of the land acquired---Propriety---Intention of the legislature behind section 23 of the Land Acquisition Act, 1894 is one where a Court, when determining compensation under the said Section, needs to be considerate and sympathetic to those who have been subjected to eminent domain by the government---Section 23 allows the Court to bring landowners, who have been subjected to eminent domain, back to their positions before the eminent domain was exercised---To base compensation on a one-year average of the acquired land would defeat the intent of the legislature behind section 23.

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