Supreme Court of Pakistan has Remanded a Land Acquisition Compensation case to the Executing Court for Resolution of Factual Controversy 

Islamabad 13-03-2025: In a significant ruling, the Supreme Court of Pakistan has remanded a compensation dispute in the land acquisition case of Chairman Water and Power Development Authority (WAPDA) Vs. Haji Abdul Rehman & Others [Civil Appeal No. 1612 of 2018] back to the Executing Court for further investigation. The Court emphasized that landowners in the same vicinity with similar land nature are entitled to equal compensation but directed that key legal and factual issues must be examined before granting enhanced compensation.  

The case concerns land acquired in Village Fateh under Award No. 155 (1995), where affected landowners initially accepted compensation without objection. However, they later filed for enhanced compensation based on a subsequent Award No. 290 (2011), which set a higher rate of Rs. 21,110 per kanal. Relying on (PLD 2010 SC 878) (Saddaqat Ali Khan Case), the Respondents argued for equal treatment in compensation.  

The Supreme Court of Pakistan identified critical legal questions, including whether a fresh execution petition is maintainable after the original compensation was satisfied, whether the principle of estoppel applies, and whether market value changes over time affect the claim. The Court directed the Executing Court to conduct a detailed probe into these issues and deliver a decision expeditiously.  

This ruling highlights the legal complexities surrounding compensation under the Land Acquisition Act, 1894, particularly concerning delayed claims, market value assessments, and the finality of awards. The case has now been referred back to the lower Court for a thorough legal determination.

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