P L D 2016 Supreme Court 64 (PLP)
Sheikh MUHAMMAD ILYAS AHMED and others — Appellants Versus PAKISTAN through Secretary Ministry of Defence, Islamabad and others — Respondents
| Citation | P L D 2016 Supreme Court 64 (PLP) |
| Forum / Court | High Court |
| Bench Members | Anwar Zaheer Jamali, C.J., Amir Hani Muslim and Umar Ata Bandial, JJ |
| Parties | Sheikh MUHAMMAD ILYAS AHMED and others — Appellants Versus PAKISTAN through Secretary Ministry of Defence, Islamabad and others — Respondents |
| Primary Law | Land Acquisition Act (I of 1894) |
Q1: What are the key laws and sections cited in P L D 2016 Supreme Court 64 (PLP)?
This judgment primarily cites: Land Acquisition Act (I of 1894) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2016 Supreme Court 64 (PLP)?
The case was heard and decided by the High Court bench comprising: Anwar Zaheer Jamali, C.J., Amir Hani Muslim and Umar Ata Bandial, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2016 Supreme Court 64 (PLP) (Sheikh MUHAMMAD ILYAS AHMED and others — Appellants Versus PAKISTAN through Secretary Ministry of Defence, Islamabad and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 34
Payment of interest on compensation
Award of such interest was statutory in nature, and could not be withheld.
Judgment & Decree
ANWAR ZAHEER JAMALI, C J.--For the reasons set out in the applications for condonation of delay, the delay in filing of these appeals is condoned and the appeals are taken up for hearing on merit.
2. At the outset, learned ASC for the appellants has made a statement at the bar that in view of announcement of judgment by this Court today in connected Civil Appeals Nos.1120 to 1124 of 2014, the appellants are not pressing these appeals for seeking further enhancement in the amount of compensation, but only to the extent of non awarding of interest on the amount of compensation, as mandated under section 34 of the Land Acquisition Act, 1894 (in short "the Act of 1894"), which has been withheld for no valid reasons.
3. A bare reading of above referred provision of the Act of 1894 reveals that awarding of such interest is statutory in nature, which cannot be withheld. Thus, the appellants are fully entitled for grant of compound interest at the rate of eight percent per annum from the date of taking possession of acquired land till the date of payment of its compensation, but for no valid reasons, such relief has escaped the sight of the two Courts below.
4. This being the position, these appeals are partly allowed to the extent that the appellants will also be entitled for compound interest at the rate of eight percent per annum from the date when possession of the acquired land was taken over from them till the time, compensation in terms of the impugned judgment dated 10.4.2014, is paid to them. MWA/M-47/S Order accordingly.