Impacts of Judicial Verdicts on Land Acquisition Practices for Real Estate in Pakistan

Authors

DOI:

https://doi.org/10.15320/ICONARP.2021.176

Keywords:

Real estate, land acquisition, court intervention, disposal of property, realtors

Abstract

Purpose

It is commonly observed in many regions in the developing countries that inappropriate and legally invalid modes are adopted by realtors (individuals or enterprises facilitating the sale and purchase of property) to procure land, but the reasons behind these procedures are neither documented nor critically analysed, which this paper attempts to do.

Design/Methodology/Approach

Five case studies have been chosen for detailed probe. Each case brings into focus different approaches adopted by realtors to acquire land and develop real estate ventures. Review of the judicial records, assessment of case study information and holding focus group discussions for each case are the main ingredients of research methods. The data was then analysed using content analysis method; the data was coded, themes were identified and conclusions were drawn accordingly.

Findings

The case study accounts included in this study have sufficiently established that the courts verdicts have a contextual connection. These findings point towards the requirement for alternative frameworks and supporting theoretical basis which are attuned with these non-confirmative practices and lie beyond the realm of established international literature and practices like Hartmann & Spit, 2015; Krabben & Jacobs, 2013.

Research Limitations/Implications

The sensitivity of the case studies made affectees uncomfortable in discussing the cases.

Originality/Value

Judicial interventions are often initiated when the desired efficiency and legality is not ensured, as is in the case of Pakistan. In such cases, the internationally established theoretical paradigms fall short of providing any explanations (Hartmann & Spit, 2015; Krabben & Jacobs, 2013).  This paper examines in particular how in such scenarios, the status of such land acquisition practices, turns out especially where superior judiciary had to intervene for streamlining the process.

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Author Biographies

Noman Ahmed, NED University of Engineering and Technology

Professor Dr Noman Ahmed is an architect and planner by profession. He studied at Dawood College, Middle East Technical University, Ankara, United Nations Centre for Regional Development (UNCRD), Nagoya and Harvard University in Cambridge. Noman obtained his Ph.D. from Loughborough University, UK. He is currently working as Professor and Dean, Faculty of Architecture and Management Sciences at NED University.

Suneela Ahmed

Dr. Suneela Ahmed is currently working as an Assistant Professor at the Department of Architecture and Planning, NED University and has 16 years of research and teaching experience at both local and international levels. She obtained her PhD in 2016 from Oxford Brookes University, UK and has managed various professional aspects during this period, ranging from architectural and urban design consultancy, advocacy and outreach.

Saeeduddin Ahmed, NED University of Engineering and Technology

Dr. Saeed Ud Din Ahmed is an Architect and an Urban Planner, working at the Department of Architecture and Planning NED University since 2009. He completed his PhD research at the Cardiff University UK in 2016. Recently, Saeed taught Housing, Urban Development and Comprehensive Environmental Design Studios, and coordinates the Development Studies Program.

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Published

21-12-2021

How to Cite

Ahmed, N., Ahmed, S., & Ahmed, S. (2021). Impacts of Judicial Verdicts on Land Acquisition Practices for Real Estate in Pakistan. ICONARP International Journal of Architecture and Planning, 9(2), 680–702. https://doi.org/10.15320/ICONARP.2021.176

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Articles