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Civil Appeal No.132 of 1983 in Civil Petition for Special Leave to Appeal No.178‑R of 1982, decided on 29th May, 1983.
(Against the judgment of the Lahore High Court, Rawalpindi Bench, Rawalpindi, dated 10‑8‑1982, passed in Writ Petition No.350 of 1982) .
‑‑‑R. 14(2)(ii)‑‑Acquisition of land by Government‑‑Return of land to original owner‑‑Government cannot demand payment of prevalent market price but has to return land at same price on which it had been acquired, minus additional 15% given to owner for compulsory acquisition.
Maulvi Sirajul Haq, Advocate Supreme Court with M. A. Siddiqui, Advocate‑on‑Record for Appellant.
Shahid Iqbal, A.A.‑G. for Respondents.
Date of hearing: 29th May, 1983.
‑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.
M.I. Appeal allowed.
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