ABDUR RASHID KHAN and others vs SWAT TEXTILE MILLS LTD. and others
This matter concerns a dispute over the return of surplus acquired land to the original owners by the respondents. The parties reached a settlement agreement before the Supreme Court, wherein the respondents consented to return the surplus acquired land to each appellant/petitioner at a fixed market rate of Rs. 55,000 per kanal. The core legal question addressed by the Court was the practical implementation of this settlement, specifically the determination of the exact surplus area claimable by each individual appellant. The Court held that the District Collector, Abbottabad, must appoint a competent Revenue Officer to ascertain the surplus area for each appellant within one month, ensuring the participation of all parties. The Court directed that the appellants must deposit the requisite price for their respective entitlements by a specified date. The key principle laid down is that in land acquisition disputes involving surplus land return, the Court may facilitate settlement by directing administrative authorities to verify and quantify individual entitlements based on the agreed-upon terms, ensuring procedural fairness and compliance through judicial oversight.
- Can the Supreme Court direct a District Collector to ascertain the surplus area claimable by appellants in a land acquisition dispute?
- Is a settlement agreement regarding the return of surplus acquired land at a fixed market price enforceable through judicial direction?
- What is the procedure for determining individual land entitlements when parties have agreed to the return of surplus acquired land?
ORDER
1. ' SHAFIUR RAHMAN, J.--The parties have come to an understanding which appears to us fair and proper.
2. The respondents have agreed to return surplus acquired land of each appellant/petitioner at the prevailing market price of Rs,55,000 per kanal. What remains unresolved is the exact surplus area claimable by each appellant out of the acquired area. We, therefore, direct the District Collector, Abbottabad to forthwith depute a competent Revenue Officer to work out the surplus area of each appellant/petitioner by associating the parties with the proceedings. This exercise of ascertaining the exact area shall be completed within one month from today and signatures of the appellants/petitioners shall be obtained in token of their participation in this exercise.
3. ' This appeal and petition shall come up on 3-6-1989 on which date the appellants/petitioners shall deposit the price as per their entitlement worked out by Revenue Officer.
4. ' The area found not returnable to the appellants/petitioners by the Revenue Officer, being in excess of their entitlement shall be available to respondents for disposal at their own risk during the interregnum.
5. ' A list of the appellants/petitioners in the appeal and petition, with a copy of the Award of the Collector in Land Acquisition case shall be forwarded to the District Collector for this purpose. It is made clear that only the entitlement of the appellants/petitioners, and not of all the land owners has to be worked out.
6. ' The Registrar shall ensure prompt and faithful compliance of this order by contacting the District Collector.