YAQOOB KHAN vs GOVERNMENT OF PUNJAB And Other
This matter arises from a petition for leave to appeal challenging the decision of the High Court regarding the price demanded by the Government for the return of land acquired through an oversight and no longer required for the construction of a dam in Tehsil and District Attock. The core legal question was whether the Government could demand the prevalent market price from the original owner for returning land mistakenly acquired, rather than the original acquisition price. The Supreme Court converted the petition into an appeal and allowed it, holding based on the statement of the Law Officer under Rule 14(2)(ii) of the Punjab Land Acquisition Rules, 1983, that the Government must return the land at the original acquisition price minus the additional 15% given for compulsory acquisition. The key principle laid down is that surplus land erroneously acquired and subsequently returned to the original owner must be priced in accordance with the applicable land acquisition rules governing reconveyance or return.
- Whether land acquired through an oversight and no longer required by the Government should be returned at the prevalent market price or the original acquisition price?
- What is the applicable rule governing the price at which mistakenly acquired land must be returned to its original owner in Punjab?
- Rule 14(2)(ii), Punjab Land Acquisition Rules, 1983
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. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.