The Federal Constitutional Court has delivered a major ruling concerning the acquisition of land for public purposes, setting aside a decision of the Supreme Court as well as judgments issued by the Peshawar and Lahore High Courts.
According to details, the Federal Constitutional Court announced its decision in a case related to land acquisition for public purposes and declared the relevant judgments of the Supreme Court, Peshawar High Court and Lahore High Court null and void.
The 45-page judgment was authored by Chief Justice Aminuddin Khan. Justice Ali Baqar Najafi fully agreed with the judgment, while Justice Arshad Hussain wrote an additional note.
In its ruling, the court clarified that the Supreme Court’s decision to award increased compensation to landowners was not in accordance with the law. The court observed that landowners who had already received compensation at the time of acquisition were not subsequently entitled to claim an additional amount because of a later increase in the value of the compensation.
The Federal Constitutional Court stated that when land is compulsorily acquired, the payment of fair compensation in accordance with the law is necessary. It further held that it is the responsibility of the legislature to ensure equal compensation for all landowners.
The judgment also stated that the role of the court is to ensure the implementation of the law. In his additional note, Justice Arshad Hussain expressed the view that the additional amount that had already been paid should not be recovered.
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Giving the background of the case, the court said that land had been acquired for various public purposes under the Land Acquisition Act of 1894. The acquired land was used for several projects, including defence projects, educational institutions, grid stations and motorways.
Subsequently, various landowners approached the courts seeking an increase in compensation. After compensation was increased, some landowners who had already received the originally determined compensation also filed cases seeking additional payments.
The court noted that the high courts had issued decisions in favour of certain landowners, allowing them to receive additional payments. However, the Federal Constitutional Court has now overturned those decisions, including the ruling of the Supreme Court and the relevant judgments of the high courts.
The case involved land acquired under the 1894 Land Acquisition Act for public purposes, including defence projects, educational institutions, grid stations and motorways. After the compensation amount was increased, other landowners who had already received the previously determined compensation also initiated further litigation seeking additional payments. The high courts had issued decisions in their favour regarding such additional payments, which were subsequently challenged before the higher courts and have now been set aside by the Federal Constitutional Court.
