Additional compensation
Additional compensation legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Land owners seeking additional compensation in terms of S.28-A (now repealed) of the Land Acquisition Act, 1894, fourteen (14) years after the passing of award by the Collector
Rule of laches was applicable in the present case
Land owners kept silent and slept over their rights for over fourteen years without any explanation whereafter they decided to invoke the Constitutional jurisdiction of the High Court.
However after a lapse of 14 years the respondents filed a Constitutional petition before the High Court seeking additional compensation in terms of S.28-A (now repealed) of the Land Acquisition Act, 1894
Doctrine of past and closed transaction was squarely applicable to the case of respondents, who had already accepted the amount of compensation awarded by Land Acquisition Collector and only challenged the same 14 years later by filing a Constitutional petition before the High Court
Respondents could not have been granted any relief by the High Court in its Constitutional jurisdiction.
"Additional compensation", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124955924
Precedents & Case Laws citing "Additional compensation"
P L D 2003 Karachi 174
DILAWAR HUSSAIN and 6 others‑‑‑Appellants Versus PROVINCE OF SINDH through Secretary, Revenue Department, Karachi and 2 others‑‑‑Respondents
Court: ‑‑‑S. 28‑A as inserted by Land Acquisition (Sindh Amendment) Ordinance (XVIII of 1984)‑‑‑Additional compensation‑‑‑Import, scope and object‑‑ Government or other acquiring agencies often avoid or delay payment of compensation to landowners who keep on litigating for decades‑‑ Legislature, by incorporating S.28‑A in Land Acquisition Act, 1894, intended to compensate such landowners by providing additional compensation and at the same time to deter acquiring agencies from delaying the payment‑‑‑Landowner under S.28‑A of Land Acquisition Act, 1894, cannot take a premium on the basis of the entire amount of compensation inclusive of amounts already pocketed by him.2004 Y L R 77
Mir GHULAM ABID through Attorney and 9 others‑‑‑Appellants Versus LAND ACQUISITION OFFICER/COLLECTOR, NOW DEPUTY DISTRICT OFFICER (REVENUE), KHAIRPUR ‑‑‑Respondent
Court: Karachi2006 C L C 1042
DEPUTY COMMISSIONER, MALIR — Petitioner Versus JAN MUHAMMAD and others — Respondents
Court: Karachi2011 CLC 897
Haji FAKIR MUHAMMAD through Attorney — Applicant Versus PROJECT DIRECTOR EDUCATION WORKS and 15 others — Respondents
Court: Karachi1999 M L D 2922
LAND ACQUISITION OFFICER, LBOD WAPDA HUSSAINABAD, HYDERABAD — Applicant Versus ABDUL HAMID ALI and 2 others — Respondents
Court: Karachi2003 Y L R 199
ABDUL QADIR and 5 others‑‑‑Petitioners Versus A.C./COLLECTOR, QUETTA and another‑‑‑Respondents
Court: QuettaP L D 2004 Supreme Court 855
GOVERNMENT OF BALOCHISTAN through Assistant Commissioner, Quetta — Appellant Versus Haji MUHAMMAD AKBAR KANSI — Respondent
Court: Supreme Court of Pakistan1992 P T D 1074
COMMISSIONER OF INCOME-TAX Versus PREMCHAND SITANATH ROY
Court: Calcutta High Court (India)P L D 2011 Karachi 559
HABIBULLAH and 59 others — Decree Holders Versus PROVINCE OF SINDH through Secretary Revenue and another — Judgment Debtors
Court: High CourtP L D 1992 Supreme Court 472
Syed SAADI JAFRI ZAINABI — Appellant Versus LAND ACOUISTTION COLLECTOR
Court: High Court