The real legal procedure of evaluating the market value of a property acquiring by the government is that at what price the buyer agrees to buy this property.
The AJK Supreme Court in his decision (PLJ 2018 AJK 19) agreed that the reference judge cannot alter the market value record of the acquired property.
Further, a decision has been declared on 2018 MLD 331 that the best way to determine the market value is to assess the value of land nearby that land, for which a notification issued under Section 4 of the law immediately or later than the acquired property.
2017 YLR 1909 in this case, it is decided that all the property is purchased by the public under Acquisition Act, 1894, and the government cannot occupy the property of a citizen without paying money.
Under Section 4 of the above-mentioned law, before the acquisition of any property, it is necessary to determine whether the property is agricultural or commercial by the virtue of 2017 YLR Notes 181.
In 2017 MLD 908, if there are trees on that property or land then the government is bound to pay at least Rs 16,199 per tree. If the government pay less than this amount for a tree, then a case can be filed against the government.
One thing to remember, that if the government pay less than the market price value, the owner of that property may go to the court. Then the court appoints a local commission for determining the actual market value of the property.
In the end, the government should adopt the necessary measures to make the transaction successful without any misrepresentation in the official record. We, as a citizen of Pakistan, must understand and promote the law and encourage our people to give some attention to this field also. By giving some intention to the legal field we can understand well that what is the right what is the wrong happening around us and we should try to stop it from being happening.
