[vc_row][vc_column][vc_column_text dp_text_size=”size-4″]ISLAMABAD: The Supreme Court has emphasised the need to change the procedures for compensating people for land that has been acquired for government purposes. According to the court, awarding a lesser value would violate the fundamental rights to life, dignity, and property ownership.
This was noted by a three-judge panel that dismissed the government’s and the military estate officer’s appeals against a Lahore High Court (LHC) decision to raise the amount of compensation for land purchased to expand the Pakistan Ordnance Factory in Wah.
Judge Syed Mansoor Ali Shah, Justice Ayesha A. Malik, and Chief Justice Umar Ata Bandial made up the bench. Rather than leaving it up to the whims of the land acquisition collector, the judgement, written by Judge Malik, asked for legislation to determine any potential compensation for the acquired land in accordance with the best market value.
According to the judgement, “the right to own property is comprised of the right to possession, right of control, and right to derive income from the property.” The State may acquire private property for a public purpose with the authority of a legislation that provides for compensation and either fixes the compensation or provides for a mechanism to fix compensation, which is the exception to this fundamental right as stated in Article 24.
The government had not made any attempts to develop a plan to estimate the potential worth of land over time, the court noted. As the government cannot acquire land at the expense of the financial loss to landowners, this should be a top concern, said Judge Malik.
According to her, there is no reason for continuing to value land using antiquated ideas. The judge also said that the land acquisition collector must take into account a number of factors while determining the compensation.
They included the land’s location and physical characteristics, such as accessibility, characteristics relating to land use, such as residential, commercial, and industrial usage, the accessibility of utilities like water, gas, electricity, and phone connectivity, and the cost of nearby land. “[Factors] including economic growth prospects, urbanisation, and infrastructural expansion increase the value of the property.”
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]
[/vc_column_text][/vc_column][/vc_row]
