Islamabad (Lord Media): The Supreme Court has ruled that the government can forcibly acquire property without the owner’s consent, emphasizing that acquiring land in the public interest is a state prerogative, though not an absolute one.
The court stated that Articles 23 and 24 of the Constitution regulate this powerful governmental authority and balance it with fundamental rights. It is essential to provide full financial justice to the property owner.
The Supreme Court noted that land valuation should not rely solely on the official rate but should consider market value, potential use, and future development.
In the Swabi land compensation case, the court dismissed all appeals by the Khyber Pakhtunkhwa government related to compensation for land acquired for a canal project.
The Supreme Court upheld the Peshawar High Court’s decisions in favor of the landowners, affirming that while the state can acquire land in the public interest, appropriate compensation must be provided.