Land acquisition for college: SC orders land price payment as per current rate

ISLAMABAD: The Supreme Court (SC) Thursday remarked that the Constitution prohibits every kind of exploitation and ruled that the state should ensure payment of proper amount to the citizens for acquiring land.

A two-member SC bench comprising Justice Syed Mansoor Ali Shah and Justice Qazi Muhammad Amin Ahmed heard a case regarding acquiring of land for Bacha Khan Medical College, Mardan.

The court directed the government of Khyber-Pakhtunkhwa to ensure payment for the land with mark-up to the affected citizens.

The court upheld the decision of Peshawar High Court (PHC) after rejecting the appeals, filed by the KP government.

Justice Mansoor Ali Shah observed that the provincial government had acquired the land from citizens for the medical college some 10 years back and now wants to make payment as per that time rate.

Justice Qazi Muhammad Amin Ahmed observed that the provincial government should make the payment to the affectees as per the present market rate.

“When you acquire land, you should ensure proper payment for it,” Justice Qazi Amin Ahmed remarked.

The provincial law officer, however, submitted before the court that the law granting mark-up on the actual amount had been abolished after amending it. He contended that if the PHC decision remained in place, then the provincial government would have to pay an additional amount of Rs1.5 billion.

Justice Mansoor observed that the court had nothing to do with that how much the provincial government would be required to pay.

Meanwhile, the court rejected the appeal of the provincial government with the direction to make payment to the affectees with mark-up.