MINISTRY OF DEFENCE through Secretary Govt. of Pakistan and others V e r s u s Syed WAJDI RIZVI & others
Judge Name: Abdul Hameed Dogar, C.J., Ch. Ejaz Yousaf Judgment Result: Order accordingly. Other Law Journal References: —-ss. 4 & 23–constitution of Pakistan, 1973, art. 185(3)–appellate jurisdiction–compensation for the land acquired–fixation–the land acquired was lying within the cantonment limits of Abbottabad roads, water, Gas, electricity, school and colleges were already in existence within the vicinity of acquired land–jinnahabad colony and habib colony, which were popular colonies of the areas were also situated near the compulsory acquired land in question which had got a great potential of being used for offices and constructions of residences–land acquired already being used by the ministry of defence after construction of offices and residences, etc. could not be argued that the land had no potential of being used for the above noted purposed–section 23 of the land acquisition act, 1894 is present on the statute book to the reserve the land owners for that purpose, which has provided that while determining the compensation of the land acquired, its potential value, i.e. the land shall be used in future, has also to be kept in view–moreover, the rule that the price of the land acquired has to be fixed, in accordance with this aim and rule that willing buyer is ready to pay and the willing purchaser is prepare to receive the price so fixed, for whole of the land has to be kept in view–appeal dismissed.
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