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National Highway Authority vs Syed Altaf Hussain Shah Ss — 2025 YLR 129 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 YLR 129 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
YLR
Parties
National Highway Authority vs Syed Altaf Hussain Shah Ss
Provisions referred to
S. 23; S. 4; 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

National Highway Authority VS Syed Altaf Hussain Shah Ss. 4, 18 & 23---Compensation , determination of---Market value of land ---Potential value of land ---Compensation under S.23(1) of the Land Acquisition Act, 1894 ('the Act 1894'), is to be determined on the basis of market valve of the land at the date of publication of notification under S.4 of the Act, 1894---Court assessing compensation is required to take into consideration not only the present purpose or the present use to which the land is applied but also any other more beneficial purpose to which it may reasonably be put by the owner--- Indubitably, it is true that regard can be had only to the existing conditions and what is likely to happen in reasonably near future and compensation cannot be fixed on the basis of what may happen in the dim and distant future ---Whereas, regarding point of potentiality , an entry in the revenue record as to the nature of the land may not be conclusive and if the land acquired is found to be useful for both agricultural and non-agricultural purposes, merely on the ground that it was used as agricultural land by the owner till time of its acquisition, its potentiality as non- agricultural land cannot be ignored.

Other judgments reported in 2025 YLR

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