AZAD GOVERNMENT vs MUHAMMAD IQBAL KHAN — 2026 CLC 688 SUPREME-COURT-AZAD-KASHMIR

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AZAD GOVERNMENT VS MUHAMMAD IQBAL KHAN. Ss.4, 11, 18, 23 & 54---azad Jammu and Kashmir Interim Constitution act (VIII of 1974), S.42---acquisition of land---Determination of amount of compensation---Non-consideration of nature, location and market value of land---Effect---Respondents/land owners being aggrieved from amount of compensation by the Collector filed reference before Referee Court, which was accepted while enhancing the price merely on the basis of report submitted by the Commission, which finding as to price was upheld by the High Court upon appeal preferred by the appellants---Validity---Landowners failed to present any documentary evidence to substantiate their claim as to market value---Mere report of the Commission, which stated that the land is situated adjacent to the road and there exists some shops, could not serve as the sole basis for the Reference Judge to fix the compensation, particularly when, in the same award, the compensation for land acquired in the adjacent village had been determined by Supreme Court---Upon comparing the nature of the land in question with the land in the adjacent village, it became evident that the Reference Judge erred in enhancing the compensation beyond amount fixed by Supreme Court and failed to take into account several crucial factors that were relevant to the determination of fair compensation---While determining the compensation, the existence of the land within the municipal limits, its proximity to the main city, and its accessibility to essential infrastructure, are also to be taken into account---acquired land was situated at a far-flung area, the nature of which was hilly, thus, Referee Judge was not justified to fix the compensation at the enhanced rate and the High Court had also failed to consider these crucial aspects while determining the compensation, hence, the same was not sustainable---Civil appeal was accepted and judgment of High Court was set aside, in circumstances.

AZAD GOVERNMENT vs MUHAMMAD IQBAL KHAN — 2026 CLC 688 SUPREME-COURT-AZAD-KASHMIR

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