1987 PLP 2899 (MLD)

S.28 [as amended by Land Acquisition (West Pakistan Amendment) Act (III of 1969) ]--Interest on amount of compensation--Interest on amount of compensation was to be awarded at the rate of 8%--Interest awarded at the rate of 6% enhanced to the rate of 8%. Sajjad Hussain for Appellant. M.N.Javaid for Respondents. Date of hearing: 20th October, 1987. This is first appeal under Section 54 of the Land Acquisition Act against the order dated 31-1-1973 of the learned Senior Civil Judge, Lahore. 2. The land belonging to Ajmal Ali Khan, respondent, was acquired for the purposes of WAPDA and the Land Acquisition Collector vide award dated 25-10-1965 awarded Rs.2,500 per acre as compensation for the disputed land measuring 16 acres 1 kanal and 3 marlas." Some other land was also acquired but the compensation awarded for the same was not disputed. Ajmal Ali Khan, however, disputed the compensation awarded by the Collector respecting the aforenoted land by filing reference in the Civil Court under Section 18 of the Land Acquisition Act, 1894. The learned Civil Judge, after recording the evidence of the parties, came to the conclusion that the compensation awarded by the Collector was not adequate and in his opinion Rs.30 per marla would be the adequate compensation for the land that was acquired from Ajmal Ali Khan, respondent. The usual compulsory charges were also allowed. The land owner had demanded Rs.35 per marla as compensation though during the arguments compensation at the rate of Rs.60 per marla was convassed. WAPDA, feeling dissatisfied with the order dated 31-1-1973, preferred the present appeal. 3. Mr. Sajjad Hussain Naqvi, Advocate, in support of the appeal, argued that Rs.25 per marla would be the fair compensation for the land in dispute as is apparent from the transactions evidenced by mutations, P.W.2/1 and P.W.2/6 and Goshwara of Prices Exh.P.2. In these transactions, land was sold at the rate of Rs.25 per marla. Learned counsel for the respondent pointed out that these documents were produced to show that the respondent was entitled to receive double the price of the value of Banjar Qadeem land as Collector had conceded the principle in the award that the price of the irrigated land would be double the price of the Barani land. He argued that as per his principle the price comes to Rs.3,200 per acre. The land in question is admittedly irrigated land. This land was situate at Chunian-Pattoki Road. These factors were noted by the learned Civil Judge in the impugned order. He has also referred to the sale made by Noor Muhammad, Lambardar, at the rate of Rs.35 per marla but he did not rely on this sale as the same was effected on 3-2-1965 whereas the Notification acquiring the land, in the instant case, was issued on 3-4-1964. The sales evidences by the documents relied upon by the appellant were effected in the year 1962-63. One sale, however, was of February, 1964. Even if the plea that the irrigated land is to be paid for at double the rate of Barani land, still the award of Rs.30 per marla for the land in question would not be in any way, excessive. Moreover, the prices go on increasing with the passage of time. I, therefore, find no justification to disagree with the compensation as assessed and awarded. I also agree with the reasons given by the learned Senior Civil Judge for awarding the compensation at the rate of Rs.30 per marla. In the impugned order, interest on the amount of compensation has been awarded at the rate of 6% per annum. Under Section 28 of Land Acquisition Act, 1894, as amended by West Pakistan Act 3 of 1969, interest at the rate of Rs.8% per annum is to be awarded. This is a patent error. While maintaining the amount of compensation as awarded by the learned lower Court, it is directed that interest at the rate of Rs.8% per?annum from date of possession of land till date of payment shall be payable. With the above modification, the impugned order is hereby maintained. The appeal thus fails and is dismissed with cost. M.A.K./W-12/L????????????????????????????????????????????????????????????????????? Rate of interest enhanced.