ISLAMABAD, Aug 29: The National Highway Authority (NHA) has secured a major legal victory in a long-running land compensation dispute, with the Federal Constitutional Court of Pakistan ruling that landowners who did not challenge compensation in court cannot automatically claim higher rates awarded to other litigants.
The judgment came in Civil Review No. 95 & 96/2010, Chairman NHA vs Amir Khan Afridi and others, concerning compensation for land acquired for the M-1 Motorway project. The NHA said the ruling could prevent substantial additional financial liabilities for the national treasury.
Court clarifies land compensation claims
The dispute dates back to 2007, when Nowshera landowner Amir Afridi successfully sought higher compensation rates that had previously been awarded to other landowners through separate court proceedings.
Following that decision, more than 300 similar cases were reportedly filed in connection with the M-1 project, with non-litigating landowners seeking additional compensation.
The latest judgment modifies the position established by the earlier 2010 ruling and clarifies that a higher compensation amount awarded to litigating landowners does not automatically extend to those who did not challenge their original compensation through legal proceedings.
Ruling expected to limit government liabilities
According to the NHA, the decision will help prevent what it described as unnecessary litigation and potentially significant additional payments from public funds.
The authority said the ruling also has wider implications for government bodies involved in land acquisition for public-sector development projects at both the federal and provincial levels.
The NHA described the judgment as a landmark decision that strengthens the legal framework governing land compensation and protects public finances.
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