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COMMISSIONER, RAWALPINDI/ PROVINCE OF THE PUNJAB vs NASEER AHMED Ss — 2024 SCMR 1037 SUPREME-COURT

Case information

Citation
2024 SCMR 1037 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
SCMR
Parties
COMMISSIONER, RAWALPINDI/ PROVINCE OF THE PUNJAB vs NASEER AHMED Ss
Provisions referred to
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

COMMISSIONER, RAWALPINDI/ PROVINCE OF THE PUNJAB VS NASEER AHMED Ss. 4 & 23---Land acquisition---Preliminary notification under Section 4 of the Land Acquisition Act, 1894 ("Act")---Addendum or corrigendum notification, issuance of---Market value of land, determination of---Where a notification under Section 4 of the Act is subsequently amended, varied or added to through an addendum or corrigendum, the date of the publication of the intial notification under Section 4 cannot be taken as the material date for the purposes of considering the market value of the land for determining compensation under Section 23(1) of the Act---Such an interpretation would not only be against the Constitutional mandate by upsetting the balance the Constitution seeks to maintain through adequately and properly compensating the owners of the land that is being acquired, it would also be against the object of the Act to that effect---Instead, in such circumstances, the date of publication of the subsequent addendum or corrigendum, finally notifying the complete land under Section 4 of the Act, must be considered to determine the market value of the land for the purposes of compensation.

Other judgments reported in 2024 SCMR

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