1989 PLP 3133 (MLD)
MUHAMMAD SHAFI — Appellant Versus PROVINCE OF WEST PAKISTAN Respondent
| Citation | 1989 PLP 3133 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Abaid UIIah Khan, J |
| Parties | MUHAMMAD SHAFI — Appellant Versus PROVINCE OF WEST PAKISTAN Respondent |
| Primary Law | (a) Land Acquisition Act (I of 1894)-, (b) Land Acquisition Act (I of 1894) |
Q1: What are the key laws and sections cited in 1989 PLP 3133 (MLD)?
This judgment primarily cites: (a) Land Acquisition Act (I of 1894)-, (b) Land Acquisition Act (I of 1894) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 3133 (MLD)?
The case was heard and decided by the Lahore bench comprising: Abaid UIIah Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 3133 (MLD) (MUHAMMAD SHAFI — Appellant Versus PROVINCE OF WEST PAKISTAN Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- CA. Rehman for Appellant.
- Nemo for Respondent.
- Date of hearing: 8th April, 1989.
Headnotes / Summary
Ss.18 & 23(2)--Reference--Amount of compensation awarded by Collector to claimant whose land was compulsorily acquired, was enhanced by Court, but claimant was not awarded 15% of market value of land in consideration of compulsory nature of acquisition--Such an award being obligatory upon Court, such deficiency, had to be supplied to claimant who was found entitled to be paid 3% of excess amount of compensation adjudged by Court.
Ss.18 & 23--Award of interest on amount of compensation discretionary with Court, not advisable to disturb discretion exercised by Court in directing payment of interest from date of judgment till payment of amount of compensation.
Judgment & Decree
(b) Land Acquisition Act (I of 1894)
Ss.18 & 23--Award of interest on amount of compensation discretionary with Court, not advisable to disturb discretion exercised by Court in directing payment of interest from date of judgment till payment of amount of compensation. CA. Rehman for Appellant. Nemo for Respondent. Date of hearing: 8th April, 1989. The appellant's land measuring 171 kanals 5 marlas, situate in the area of Chak 47 NB, Tehsil and District Sargodha, was compulsorily acquired by the Provincial Government for a public purpose. Being dissatisfied with the award given by the Land Acquisition Collector the appellant asked for reference to the Civil Court to determine the correct amount of compensation payable to him: By his judgment of the 29th June, 1974, the learned Senior Civil Judge Sargodha, enhanced the value of the land at the rate of Rs.1,000 per acre. However, he did not award a sum of 15 per cent on such value in consideration of the compulsory nature of the acquisition. He directed payment of compound interest at the rate of 9 per cent per annum from the date of judgment till the date of realisation of the excess amount of compensation. The appellant has approached this Court in appeal and the learned counsel has made two-fold grievances: He has stressed compliance with the provisions of section 23(2) of the Land Acquisition Act, 1894, for award of 15 per cent of the value of the land as compulsory acquisition charges and has requested for the payment of interest from the date of taking of possession of the land by the Government till the date of payment of excess amount of compensation into Court.
2. As enjoined by subsection (2) of section 23 of the Act it was obligatory upon the learned trial Court to have awarded 15 per cent of the market value of the land in consideration of compulsory nature of acquisition. This deficiency has to be supplied. Accordingly, the appeal is partially accepted and the impugned judgment is modified to the extent that the appellant will be paid 15 per cent of the excess amount of compensation adjudged by the learned trial Court. He will get compound interest at the rate of 8 per cent per annum from the date of this judgment till the payment of the amount equivalent to 15 per cent of the excess compensation into Court.
3. The award of interest under section 28 of the Land Acquisition Act being discretionary with the Court it is not advisable to disturb the discretion exercised by the learned trial Court. Therefore, the order directing payment of interest from the date of judgment is kept intact. The appellant will get his costs of this appeal from the respondent. H.B.T./M-1257/1 Order accordingly.