GOVERNMENT OF PAKISTAN through Secretary, Ministry of Defence, Islamabad vs MUHAMMAD SHARIF Ss

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

GOVERNMENT OF PAKISTAN through Secretary, Ministry of Defence, Islamabad VS MUHAMMAD SHARIF Ss. 4 & 18---acquisition of land---Compensation---Determination---Relevant witnesses---appellants/authorities acquired land of respondents/ landowners for public purpose---Referee Court enhanced compensation which was fixed in award by Land acquisition Collector---Validity---Halqa Patwari was the most crucial and proximate witness who produced mutations and average sale price---appellants/authorities did not produce any plausible evidence to show any defect in determination of value by Referee Court---Witnesses produced by appellants/ authorities had no proximity or personal knowledge of the matters, touching determination of compensation---absence of knowledge regarding material facts could not be construed or inferred as affirmation of actual facts---In award filing of objections by respondents/landowners was mentioned, however no reasons were mentioned which prevailed upon Land acquisition Collector to reject those objections---award was based upon value assessed by District Price assessment Committee (which was approved by Board of Revenue), however none of the members was produced in evidence to explain criteria adopted by the Committee while fixing the price---award did not reflect independent assessment by Land acquisition Collector keeping in view the complexion and character of acquired land, especially when respondents specifically asserted that their land was situated on a main road---Division Bench of High Court declined to interfere in order passed by Referee Court enhancing compensation in favour of respondents/land owners---appeal was dismissed, in circumstances. Citation Name: 2024 PLD 467 LAHORE-HIGH-COURT-LAHORE GOVERNMENT OF PAKISTAN through Secretary, Ministry of Defence, Islamabad VS MUHAMMAD SHARIF S. 18---acquisition of land---Compensation, determining of---Referee Court---Factors to be considered---Referee Court has to take into consideration market value of land; factum of delay in concluding acquisition proceedings; payment of compensation; and price escalation during intervening period. Citation Name: 2024 PLD 467 LAHORE-HIGH-COURT-LAHORE GOVERNMENT OF PAKISTAN through Secretary, Ministry of Defence, Islamabad VS MUHAMMAD SHARIF S. 18---acquisition of land---Compensation, determining of---appreciation of evidence---Principle---Evidence brought on record by parties is to be seen in its entirety, stressing less qua the obligation of onus to prove, and applying principle of preponderance of evidence. Citation Name: 2024 PLD 467 LAHORE-HIGH-COURT-LAHORE GOVERNMENT OF PAKISTAN through Secretary, Ministry of Defence, Islamabad VS MUHAMMAD SHARIF Ss. 23 & 24---acquisition of land---Compensation, determining of---Principle---Mere production of handful of sale deeds, contemporaneous to acquisition proceedings, is not enough to disbelieve compensation already determined. Citation Name: 2024 PLD 467 LAHORE-HIGH-COURT-LAHORE GOVERNMENT OF PAKISTAN through Secretary, Ministry of Defence, Islamabad VS MUHAMMAD SHARIF Ss. 11, 12, 18 & 23---acquisition of land---Compensation, determining of---Duty of Courts---Guiding principle---Determination of compensation for land compulsorily acquired is the duty not only of the State/executive functionaries (particularly of the Land acquisition Collector) but once landowners are not compensated by them, the duty for such determination, under the Constitution and the law, is cast upon judicial forums, including Referee Court and superior Courts.

GOVERNMENT OF PAKISTAN through Secretary, Ministry of Defence, Islamabad vs MUHAMMAD SHARIF Ss — 2024 PLD 467 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2024 PLD