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Petitioner: YAQOOB KHAN VS Respondent: GOVERNMENT OF PUNJAB And Other
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Aslam Riaz Hussain Title: YAQOOB KHAN vs GOVERNMENT OF PUNJAB And Other Case No.:Civil Appeal No.132 of 1983 Writ Petition No.350 of 1982 in Civil Petition for
JUDGMENT
Reported As: 1986 SCMR 1224 Result: I. Judgment JUDGMENT ASLAM RIAZ HUSSAIN, J.--The facts giving rise to this petition for leave to appeal are, briefly, that the respondent-Government acquired petitioner's land in village Malakmala, Tehsil and District Attock, for the construction of a dam. It subsequently transpired that out of the acquired land 64 Kanals and 15 Marlas had been included through an oversight. Since it was no longer required by the department it was decided to be returned to its original owner, namely, the petitioner. But the Government required him to pay the prevalent market price" of the land instead of .The price on which it had itself acquired, from him. This was challenged by the petitioner before the High Court, but without success. 2. Notice was issued to the Advocate-General, Punjab. Learned A.A.-G. Appeared in response to the notice and submitted on behalf of the respondent-Government that the Government has to return the land in question to the petitioner at the same price on which it had been acquired under rule 14 (2) (ii) of the Punjab Land Acquisition Rules, 1983, minus the additional 15% given .To him for compulsory acquisition. In this view of the matter, the petition is converted into appeal and allowed.
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