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

Case information

Citation: 2026 YLR 318 ISLAMABAD
Court: Islamabad High Court
Year: 2026
Reporter: YLR
Parties: Mst. Nighat Parveen vs NHA Ss
Subject matter: Criminal

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

Mst. Nighat Parveen VS NHA Ss.9, 23, 24 & 25---Compulsory acquisition of land---Compensation, awarding of---Fair market value---Determination---Classification of land in the revenue record and annual average price---Legality--- Determinative factors to be considered while assessing fair compensation---Scope---Value in the revenue record may not be conclusive for determination of compensation value---Courts are required to consider the amount that a willing purchaser would pay to a willing seller in an open market transaction---This principle emphasizes that compensation must be based on actual market dynamics rather than arbitrary or obsolete criteria---In determining the amount of compensation to be awarded to the owners of land compulsorily acquired, the following considerations are relevant and may be duly taken into account: firstly, the value of comparable land situated in adjacent Khasras and Mouzas; secondly, the increase in land prices occurring during the period of acquisition, culminating in the issuance of the final award; thirdly, the potential future value of the acquired land; fourthly, the recent transactions of land in the same vicinity, which serve as reliable indicators of the prevailing market rate and must be accorded due consideration; and finally, it is recognized that no rigid or mechanical formula can be prescribed for the calculation of compensation in cases of compulsory acquisition---Compensation must be fair, and reflective of all relevant considerations including the market value and the potential use of the land.

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