Mst. Nighat Parveen vs NHA Ss — 2026 YLR 318 ISLAMABAD

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Mst. Nighat Parveen VS NHA Ss.4, 9, 15, 18, 23, 24 & 25--- Compulsory acquisition of land--- Payment of compensation---Fair market value---Determination---Factors to be considered---Award based on revenue classification and annual average rate---Legality---Potential value of land and future utility---Commercial character---Surrounding developments, effect of---Enhancement of compensation---Scope---Delay of twenty-five years in granting fair value as compensation---Right to fair and timely compensation---Briefly, land in question was acquired for the construction of the Islamabad-Murree dual carriageway pursuant to a notification under S.4 of the Land Acquisition Act, followed by an award, whereby compensation was fixed at Rs.1,60,241 per Kanal---Dissatisfied landowners sought reference under S.18 of the Act, resulting in enhancement of compensation to Rs.4,80,000 per Kanal with 15% compulsory acquisition charges by the referee court; Both sides challenged this order through cross appeals---The core issue before the High Court was the "determination of fair market value of the acquired land at the time of notification under S.4, including whether future potential and comparable sale transactions could be considered, and whether compensation could be enhanced beyond the amount initially claimed?"---Held: It was evident that the required land not only possessed commercial value at the time of acquisition but also significant future potential---The existence of nearby facilities such as a hospital, college and university reflect the prevailing market rate and the expected appreciation of the land's value---Moreover, viz limiting the award of compensation, foundational precondition for invoking the restrictive provisions of S.25 of the Act, 1894 was not met in the present case and accordingly, the objection seeking to limit the award of compensation by respondent to Rs.1,60,241/- per Kanal was devoid of merit---High Court found it necessary to express its deep concern over the prolonged delay faced by the appellants/land owners, who had waited for long 25 years to receive the fair value of their land---High Court further observed that some of the appellants had not lived long enough to see the rightful value of their property acknowledged, let alone received---Such unconscionable delay reflected not just institutional indifference but a broader apathy within the system that failed to respond to the plight of citizens, whose only fault was trusting the process---Present case, regrettably, reflected a failure not of one institution, but of the entire machinery responsible for ensuring timely and adequate compensation--- Impugned order passed by referee court was modified by enhancing the compensation amount from Rs.4,80,000/- to Rs.40,00,000/- (4 Million) per Kanal with 15% compulsory acquisition charges and 6% interest from the date of acquiring possession till the final payment--- Appeal filed by respondents (N.H.A) stood dismissed and that of the land owners was allowed, in circumstances.

Mst. Nighat Parveen vs NHA Ss — 2026 YLR 318 ISLAMABAD

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