Citation Name: 2023 YLR 222 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. LALARUKH SAQLAIN vs PUNJAB HEALTH DEPARTMENT Ss — 2023 YLR 222 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 222 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: Citation Name: 2023 YLR 222 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. LALARUKH SAQLAIN vs PUNJAB HEALTH DEPARTMENT Ss
Provisions referred to: S. 4; S. 23; 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

Citation Name: 2023 YLR 222 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. LALARUKH SAQLAIN VS PUNJAB HEALTH DEPARTMENT Ss. 4, 18 & 54---Constitution of Pakistan, Art. 24---Acquisition of land---Compensation--- Potential value---Determination---Appellants/landowners were aggrieved of compensation determined by Referee Court---Validity---Acquisition process employed to deprive someone of his property, was an exception that was visualized by the Constitution---Process must be in consonance with conditions, parameters and manner as laid down in Art. 24(2) & (3) of the Constitution---Even if property of any person was taken over for a public purpose, the person being deprived of his property had to be given adequate, fair, just and due compensation---Provisions of Land Acquisition Act, 1894 had Constitutional backing as the same was covered under the Exception as contained in Art. 24(2) of the Constitution---Acquired land was located on main road, in the vicinity of major bypass road crossing and was situated near various residential colonies---Land in question possessed potential significance in future---Referee Court while determining/enhancing award amount from Rs.7,500/- to Rs.12,000/-, observed that appellants/land owners failed to place on record any valuation table existing at the time of publication of notification under S.4 of Land Acquisition Act, 1894 and provision of S.23(1) of Land Acquisition Act, 1894 had provided that in determining amount of compensation to be awarded of the land value of the land at the date of publication of notification under S. 4(1) of Land Acquisition Act, 1894 was to be considered---High Court modified judgment of Referee Court by enhancing compensation amount of acquired land of appellants/landowners from Rs.12,000/- per Marla to Rs.40,000/----Appeal was allowed accordingly.

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