2010 PLP 129 (CLC)
NIAMAT KHAN through L.Rs. and others — Appellants Versus SECRETARY, KASHMIR AFFAIRS AND NORTHERN AREA, ISLAMABAD and 4 others — Respondents
| Citation | 2010 PLP 129 (CLC) |
| Forum / Court | Northern Areas Chief Court |
| Bench Members | Sahib Khan and Muzaffar Ali, JJ |
| Parties | NIAMAT KHAN through L.Rs. and others — Appellants Versus SECRETARY, KASHMIR AFFAIRS AND NORTHERN AREA, ISLAMABAD and 4 others — Respondents |
| Primary Law | Land Acquisition Act (I of 1894) |
Q1: What are the key laws and sections cited in 2010 PLP 129 (CLC)?
This judgment primarily cites: Land Acquisition Act (I of 1894) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 129 (CLC)?
The case was heard and decided by the Northern Areas Chief Court bench comprising: Sahib Khan and Muzaffar Ali, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 129 (CLC) (NIAMAT KHAN through L.Rs. and others — Appellants Versus SECRETARY, KASHMIR AFFAIRS AND NORTHERN AREA, ISLAMABAD and 4 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Shafi for Appellants.
- Asstt. A.-G. for Respondents.
Headnotes / Summary
Ss. 4, 11, 18, 23, 28, 34 & 54
Enhancement of amount of compensation by Referee Court
Claim for interest on excess amount of compensation
Landowners whose land was acquired, being dissatisfied with amount of compensation as determined by the Collector sought reference to Referee Court and their case was referred to the Referee Court and Referee Court enhanced the rate of compensation
Commission was appointed on appeal with the consent of the parties for determination of proper rates of compensation and decree passed by the Referee Court was modified in accordance with the report of the Commission
Execution proceedings were filed before Executing Court to execute the modified decree and during course of proceedings, landowners claimed interest under S.28 of the Land Acquisition Act, 1894, which had been refused by the Executing Court
Interest was awarded to the landowners as purported by S.34 of Land Acquisition Act, 1894 and no interest under S.28 of said Act, had been granted
Executing Court, in such a situation, had no option, but to execute the decree in the terms of the judgment of the court as the Executing Court could not go behind the decree
Executing Court, however was directed by Chief Court that it was well within its jurisdiction to calculate the interest properly; and if the Executing Court was of the view or was convinced, could discard the calculation made by authorities and recalculate or make the calculation through a Commission of any account knowing person.?
Judgment & Decree
MUZAFFAR ALI, J.
This appeal before us is result of the longstanding litigation between the parties on the subject of compensation for the land belonging to appellants, acquired by the respondents for construction of Hydel Scheme Phase (iv) at Hassanabad Hunza. Initially, the respondents denied compensation of the acquired land, hence the appellants went to civil suit, but later on the respondents agreed to pay the compensation for the said land and consequent upon award dated 25th May, 1991 was passed. The appellants receive compensation amount awarded to them but under protest and filed application under section 18 of the Land Acquisition Act (hereinafter called the Act), before the Collector land acquisition, the application was referred to the Referee Court who after trial enhanced the rates of compensation. The present respondents appealed against the judgment passed by the learned Referee Court before this Court and this Court appointed commission with consent of the parties for determination of proper rates of compensation and modified the decree passed by the learned Referee Court by agreeing with the report of the Commission. The present respondent filed execution proceedings before Referee Court/executing Court to execute the modified decree passed by this Court and during course of proceedings, the present appellants claimed interest under section 28 of the Act, which the learned Executing Court refused through the impugned order, hence this appeal. We heard the learned counsel fort the appellant and. learned Assistant Advocate-General for respondents. The learned counsel for the petitioner agitated two points before us (a) that the appellants are entitle to get interest under section 28 of the Act and (b) The interest has not been calculated properly. We perused the judgment dated 22-6-2000 passed by this Court whereby this Court has categorically awarded interest to the present appellants as purported by section 34 of the Act and no interest under section 28 of the Act has been granted and in such a situation executing Court has no option but to execute the decree in terms of the above judgment as the executing Court cannot go behind the decree. As far the point of calculation of interest is concern, the learned Executing Court is directed that it is well within its jurisdiction to calculate the interest properly and if the Executing Court is of the view or is convinced, the Court may discard the calculation made by the respondents and may recalculate or may make the calculation through commission of any account knowing person. With the above findings the appeal is dismissed. No orders as to cost. H.B.T./15/Glt.????????????????????????????????????????????????????????????????????????? Appeal dismissed.