Islamabad (HRNW)- The Supreme Court of Pakistan has ruled that the government has the authority to acquire private property for public purposes even without the consent of the owner, but emphasized that this power is subject to constitutional safeguards and fair compensation.
In a detailed judgment authored by Justice Muhammad Ali Mazhar, the court stated that while the state has the right to acquire land in the public interest, this authority is not absolute. Articles 23 and 24 of the Constitution ensure a balance between the government’s powers and the fundamental property rights of citizens.
The Supreme Court observed that property owners must receive fair compensation, stating that they should be given “gold for gold, not copper for gold.” The court stressed that compensation should not be based solely on official government rates but should also reflect the actual market value, future development potential, and possible use of the land.
The judgment further stated that if there is a delay in the land acquisition process, inflation and increases in property prices must also be considered while determining compensation so that affected landowners do not suffer financial loss.
According to the court, every citizen has the constitutional right under Article 23 to acquire, own, and transfer property, while Article 24 provides that no person can be deprived of property except in accordance with the law and for a public purpose.
The ruling came while dismissing all appeals filed by the Khyber Pakhtunkhwa government in the Swabi canal project land compensation case. The landowners had challenged the compensation offered by the government as inadequate. The Reference Court increased the compensation based on the evidence presented, and the Peshawar High Court upheld that decision. The Supreme Court has now also upheld those rulings, rejecting the government’s objections.
The court reiterated that compensation must ensure complete financial justice for affected citizens and that the state must provide appropriate compensation whenever land is acquired for public welfare.
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