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Government of Balochistan through Secretary Board of Revenue and 2 others V. Muhammad Najmuddin Mengal and others,

PCrLJ 2017 713 · Balochistan High Court

This case involved a land dispute in Balochistan over compensation for grape trees located on land acquired by the government for widening the Mastung Qambrani Road. The landowners' property was acquired, and while they were initially paid for the land itself, they later claimed compensation for grape trees growing on it. A survey found 1,061 grape trees, and the government paid Rs.1,300 per tree. The landowners accepted this payment under protest but disputed the rate, arguing the trees were worth much more, and took the matter to court.

A trial court sided with the landowners, awarding them Rs.16,199 per tree based on an expert report. The government appealed. Earlier, the Balochistan High Court had ruled in the government's favor, but the Supreme Court sent the case back for fresh decision, directing that the expert be examined as a court witness.

After re-examining the evidence, the High Court found that while the landowners successfully proved the correct number of trees, they failed to prove the much higher rate they claimed or their entitlement to interest. The court held that the government had properly assessed and paid a fair average rate consistent with payments made to other landowners, and that the landowners had already received full and final settlement. The court therefore ruled in favor of the government, setting aside the trial court's higher compensation award. This case illustrates how courts scrutinize expert evidence and government valuations in land acquisition compensation disputes.

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