Market Value

  1. The market value of the land means, the value of the land, on which a willing buyer is ready to purchase and a willing seller is ready to sell it. Malik M. Yousf v. Azad Govt. 2015 SCR 712 (B)
  2. The valuation table is the best method for determination of the market value of the land. Malik Muhammad Yousf  v. Azad Govt. & others 2015 SCR 712 (D)
  3. Compensation — determination of — sale deeds of small pieces of land — acquired land situate within the municipal limits of Bagh city — In hilly areas land owners are holding small pieces of land and land is hardly available that is why small pieces of land are sold — Held: the sale deeds executed in respect of the smaller pieces of land are relevant for determination of the market value and compensation. Azad Govt. & others  v. Muhammad Yousaf & others 2015 SCR 1190 (E)
  4. Determination of — Held: Although the valuation table cannot be made a sole yardstick for determination of market value of the acquired land, however, the same can be considered one of the helping factors coupled with others for determination of market value of the land — The best evidence for determination of the market value of the acquired land may be the sale-deeds executed prior to the issuance of notification under section 4 and the saledeeds executed thereafter within 12 months period in the same vicinity — Further held: If the sale-deeds of the land situated in  the same village are not available then the sale-deeds executed in the adjoining village can be considered while determining the market value of the land. WAPDA Pakistan v. Mst. Inayat Begum & others 2015 SCR 1582 (A)
  5. Held: For the purpose of determination of market value, the sale deeds and the valuation table may be taken into consideration. WAPDA Pakistan v. Mst. Inayat Begum 2015 SCR 1582 (B) Ch. M. Siddique Adv. & others Azad Govt. & others (Civil appeal No. 25/2010  decided  on  15. 7. 2011) rel.
  6. meaning of — “market value” means the potential value of property at the time of acquisition which would be paid by a willing buyer to a willing seller. Khadim Hussain & 5 others v. Collector Land acquisition & another 2016 SCR 601 (A) 2013 SCR 1224 rel.
  7. Determination of — appellants relied on transfer order of plot developed by MDA — this transfer order cannot be considered as evidence for the purpose of determination of the value of the land, which is an agriculture land and being used only for making raw bricks. Rashid Mehmood & others v. Collector Land Acquisition & others 2016 SCR 1236 (A) Ch. Muhammad Siddique vs. Azad Govt. & others (Civil appeal No. 25 of 2010, decided on 15.7.2011) rel.
  8. Determination of — The best evidence for determination of the market value of the acquired land may be the sale-deeds executed prior to the issuance of notification under section 4 and the sale-deeds executed thereafter within 12 months period in the same vicinity — If the sale-deeds of the land situated in the same village are not available then the sale-deeds executed in the adjoining village can be considered for determination of the market value of the land. Rashid Mehmood & others v. Collector Land Acquisition & others 2016 SCR 1236 (B) 2013 SCR 635, rel.
  9. Determination of — the sale-deeds pertaining to the same village registered prior to issuance of notification under section 4 or immediately registered after the issuance of notification u/s 4 shall also be considered for determining the market value of the land. Rashid Mehmood & others v. Collector Land Acquisition & others 2016 SCR 1236 (C) 2015 SCR 712 rel.
  10. The potential value of two different pieces of land situate at the same vicinity can be different as the potential value depends upon the location/nature of the land, facilities available in the same along with some other factors. WAPDA  v. Farooq Shahid & others 2016 SCR 1730 (A&B)
  11. —determination of—the basic question of determinations of the market value of the land depends upon the proof brought on record in each case. Manzoor Khan vs Collector Land Acquisition 2018 SCR 921 (B)
  12. — determining of compensation—mere tendering of sale deeds not sufficient—what to be proved by the applicant—other factors enunciated— Mere tendering of the sale-deeds is not sufficient until and unless the landowner has not proved that the acquired land is location-wise similar and its nature, kind or potential value is same as that of the land sold through sale-deed tendered in evidence. Raja Umar Hayat Khan v. Azad Govt. & others 2019 SCR 143 (B)
  13. —Meaning of —the market value of the land means the value of the land on which a willing buyer is ready to purchase and a willing seller is ready to sell— the lands not acquired with the consent of the owners rather deprived of their lands under the power of the State, the owners are entitled to get the maximum possible benefits. Hameeda Begum  v. Collector Land Acquisition2019 SCR 167 (B)
  14. —determination of—obligations of Collector— the Collector while assessing the market value has to be valued the land not merely with reference to the use for which it was being made at the relevant time but also the use to which it can reasonably be put in future. MWAPDA  v. Akram Hussain & others 2019 SCR 172 (A)
  15. — The valuation table is the best method for determination of the market value of the land. MWAPDA  v. Akram Hussain & others 2019 SCR 172 (B) 2015 SCR 712 & 2018 SCR 565 Ref.
  16. —compensation—determination of— Held: sale-deeds executed prior to the issuance of notification—if the price of land sold prior to the issuance of notification under section 4 was high then how the price of the land can be assessed lesser than the price prevailing much prior to the issuance of notification. MWAPDA  v. Akram Hussain & others 2019 SCR 172 (C) 2013 SCR 1224 ref
  17.        —valuation table prepared by the Revenue Department–consideration of and reliance upon photo copy of the same—the record shows that although, the land owners have not  tendered the one year average price assessed by the Revenue Department in evidence in accordance with law and only placed on record a photocopy of the same, however, this document is very much part of the file of acquisition proceedings and genuineness of the same has not been denied at any stage; thus, in such state of affairs, in our view the Collector should have to consider this document but he did not discuss/consider the same. Syed Abid Ali Gillani v. Azad Govt. & others 2019 SCR 452 (C)
  18. —reliance upon valuation table—Held: although, in a number of pronouncements the Supreme Court has held that valuation table may be considered as one of the relevant factors for determining the compensation, but in the matter in hand, as the landowners have not raised suchlike stance during the acquisition proceedings before the Collector which they have taken later on while filing reference applications, therefore, in view of the peculiar facts of the case the Court did not intend to make the valuation table as a sole criterion for determining the compensation in the instant case. WAPDA v. Muhammad Taj & others 2019 SCR 460 (B)  Muhammad Khan v. Azad Govt. and others Civil Appeal No. 97 of 2013, decided on 30.01.2015 rel
  19. —collector himself admitted preciousness of acquired land in award—but assessed the market value otherwise—Collector considered sale deeds of the vicinity in arbitrary manner and failed to determine market in accordance with law—the findings recorded by the Collector himself in the award show that at one hand the Collector held that the acquired land is situate adjacent to Mirpur city and very precious in nature, but on the other hand , assessed the market value otherwise, even the Collector discarded some of the sale-deeds in an arbitrary manner. Thus, in such acquisition, we agree with the conclusion arrived by the Courts below that the Collector failed to assess the market value in accordance with law. The High Court committed no illegality while enhancing compensation. WAPDA v. Muhammad Taj & others 2019 SCR 460 (D)
  20. —determination of—application of precedents—case law has to be applied according to factual and legal propositions involved in the case and each case has to be decided on the basis of its own peculiar facts and evidence produced by the parties– M. Amin & 3 others v.  Azad Govt. & 23 others 2020 SCR  66 (C)
  21. —Determination of—the market value of the land has to be valued not merely with reference to the use for which it was being made at the relevant time but also the use to which it can reasonably be put in future. WAPDA through Director  legal v. Kabir Hussain & others 2022 SCR 37 (B)
  22. —Determination of—award of compensation—none of the witnesses uttered a single word that the land sold through sale-deed, tendered in evidence and the acquired land are location and nature wise similar to each other—mere tendering of sale-deed in evidence is not sufficient until it is specifically explained that the land sold through sale-deed and the land acquired through award, have the same value in view of the nature, kind and location etc. WAPDA through Director  legal v. Kabir Hussain & others 2022 SCR 37 (B)
  23. —Determination of— mere tendering of sale-deeds in evidence is not sufficient until and unless the landowner substantiates that the location, nature or potential value of the land sold and the acquired land are the same—in urban areas the distance of yards may make difference of millions in the market value of the property. Chairman/Administrator v. KDA (Kotli) Muhammad Malik & others 2022 SCR 57 (A) 2017 SCR 929 ref
  24. —Determination of—valuation certificate—prepared by a private person— while preparing valuation certificate neither respondents were heard nor associated—neither valuation was made item wise nor schedule rate of items were mentioned—held:  such valuation certificate cannot be relied. Rafique v.WAPDA & others 2022 SCR 298 (A) 2017 SCR 524 ref
  25. —Market value is such a price against which an owner of land is ready to sell is land and willing purchaser is ready to purchase the same. Tahir Mehmood Ayoub & another v. Collector Land Acquisition & others 2022 SCR 330 (A/1)                
  26. —Determination of—potentiality of the land is itself proved from the fact that the same was acquired for widening of the road, meaning thereby that the land is located at roadside—the market value of the land is to be considered while keeping in view its potential value. Secretary PWD &others v.     Azad Govt. 2022 SCR 482 (B)
  27. —Determination of—See WAPDA v. Ch. Muhammad Masoom & others  2022 SCR 883 (B/1)
  28. —Determination of—land acquisition—the best method for determination of market value is to take into consideration the sale- deeds pertaining to same village registered prior to the issuance of notification u/s 4 of Land Acquisition Act or immediately thereafter— the reliance upon sale-deeds registered during the period one year prior to notification u/s 4 is not a sole criterion rather the sale-deeds registered after the issuance of notification u/s 4 are also relevant and can be taken into consideration. Commissioner revenue & others v. Muhammad Usman & others  2022 SCR 940 (A&B) 1999 SCMR 164, 2013 SCR 70 & 2015 SCR 712 ref.
  29. —Determination of — held — the compensation of the acquired land should have been awarded on the basis of its market value and not merely by reference to the use to which it is reasonably capable of being put in the future. Further held, that the compensation is to be determined notwithstanding the classification, kind or nature of the land but keeping in view its market value in relevant time. Further held, that the market value cannot also be determined only on the basis of classification and kind of the land, but keeping in view its location, neighbourhood, potential or other benefits. Abdul Hameed & others v. Azad Govt. & others  2022 SCR 1249 (A) 1980 CLC 574 ref.
  30. — The market value is only one of the factors governing the determination of compensation and the property owners must be compensated adequately so that they may be able to overcome the post-acquisition scenario and bear the anticipated sufferings. Pervaiz iqbal & others v. WAPDA & others  2022 SCR 1285 (B) WAPDA & 2 others vs. Nasir Mahmood & another(Civil Appeal No.37/2020, decided on 23.12.2021), ref.
  31. — determination of — where no sale took place in the village where land was acquired, the Collector Land Acquisition can adopt the mode of determination of market value while taking in consideration the land sold in adjacent village. WAPDA versus Muhammad Meharban & others 2023 SCR 631 (B) 2013 SCR 973 rel.
  32. — definition of — See Development Authority Muzaffarabad versus Raja Mukhtab Hussain & others 2023 SCR 786 (A/1)
  33. — determination of — No documented sale deed found in the area from where the land was acquired, thus, in such circumstances the settled law is to assess the average market value of adjacent or neighboring areas — Razia Bibi versus Azad Gov. & others 2023 SCR 658 (A)
  34. — determination of — see Director Education Planning Muzaffarabad vs Abdul Majeed & others 2024 SCR 255 (A)
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