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

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.