ISLAMABAD: The Supreme Court has ruled that the government may acquire private property without the owner’s consent for public purposes, observing that while the state possesses the power of compulsory acquisition, the authority is not absolute and must remain subject to constitutional safeguards.
In a detailed judgement authored by Justice Muhammad Ali Mazhar, the apex court held that the state’s power to acquire land in the public interest must be exercised in accordance with Articles 23 and 24 of the Constitution, which guarantee the right to property and regulate compulsory acquisition.
The court emphasised that a fair balance must be maintained between the state’s authority and the fundamental rights of property owners. It observed that landowners should receive just and equitable compensation, remarking that “gold should be compensated with gold, not with copper.”
The judgement further stated that compensation for acquired land should not be determined solely on the basis of official government rates. Instead, authorities must take into account the prevailing market value of the property, its potential use, and future development prospects.
The court also directed that where there is a delay in the acquisition process, any increase in land prices and the impact of inflation during the intervening period must be factored into the compensation awarded to the landowner.
The ruling is expected to serve as an important precedent in cases involving compulsory land acquisition, reinforcing the constitutional requirement that property owners receive fair and reasonable compensation when land is acquired in the public interest.
Supreme Court rules state may acquire private land without owner’s consent for public purpose
