Government can acquire land without owner’s consent in public interest, but fair compensation is mandatory

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ISLAMABAD: The Supreme Court of Pakistan has ruled that the state may acquire private property without the owner’s consent if it is required for public interest, but such powers are subject to constitutional limits and require fair compensation for affected landowners.

In its detailed judgment, the court stated that Articles 23 and 24 of the Constitution protect citizens’ property rights while regulating the state’s authority to acquire land. It emphasized that compensation must ensure that landowners are not left at a financial disadvantage.

The apex court ruled that land valuation cannot be based solely on official government rates. Instead, market value, potential future use, and development prospects must also be considered. It further directed that delays in acquisition should account for inflation and rising property prices when determining compensation.

The ruling came in a Swabi land compensation case, where the court dismissed all appeals filed by the Khyber Pakhtunkhwa government and upheld earlier decisions in favour of landowners.

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