Determination and payment of compensation
Determination and payment of compensation legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Application of landowners had been accepted by the Chief Court and authorities were directed to pay compensation to the land owners with compulsory acquisition charges
Contentions of Advocate General were that Art.71 of Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009, did not provide to the Chief Court to exercise suo motu jurisdiction; that order passed in exercise of such jurisdiction would be coram non judice
Validity
Chief Court would exercise its extraordinary discretionary writ/constitutional jurisdiction, when satisfied that; no other adequate remedy was provided by law
Chief Court could not exercise suo motu jurisdiction under Art.71 of Gilgit-Baltistan (Empowerment and Self-Governance) Order, 2009
Petition for leave to appeal was converted into an appeal by the Supreme Appellate Court and was allowed.
"Determination and payment of compensation", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124963686
Precedents & Case Laws citing "Determination and payment of compensation"
P L D 1978 Karachi 604
SOCIETY, KARACHI‑Appellant Versus THE ISLAMIC REPUBLIC OF PAKISTAN THROUGH
Court: Art, 6(2) read with Defence of India Act (XXXV of 1939), S. 19(b) & (g) ‑ Compensation ‑ Determining authority ‑ Appeal ‑Article 6(2) of Order specifically providing for determination and payment of compensation according to S. 19, Defence of India Act, 1939, and itself not indicating authority empowered to determine rate and amount of compensation, determination, held, to be made by Arbitrator appointed under S. 19(b) of 1939 Act, and such determination not final but subject to appeal to High Court - Exclusion of provision of S. 19 of 1939 Act envisaged by Art. 6(2) of Order, held further, could not be presumed as far as appeal to High Court concerned.‑Appeal (civil).1992 P T D 408
COMMISSIONER OF WEALTH-TAX Versus Smt. ANJAMLI KHAN
Court: Supreme Court of India2015 G B L R 275
SECRETARY WORKS GILGIT-BALTISTAN and 3 others — Petitioners Versus TALIB SHAH and 35 others — Respondents
Court: Supreme Appellate Court2024 C L C 239
ASAD ALI KHAN and others — Appellants Versus The CONSERVATOR OF FOREST and others — Respondents
Court: Sindh (Sukkur Bench)2025 C L C 1682
Mst. KANIZ FATIMA and another — Petitioners Versus FEDERATION OF PAKISTAN through Secretary Ministry of Interior and 6 others — Respondents
Court: Islamabad2022 S C M R 277
GOVERNMENT OF KHYBER PAKHTUNKHWA through District Collector/District Officer (R&E) (Now) Deputy Commissioner Mardan and others — Petitioners Versus MISAL KHAN and others — Respondents
Court: Supreme Court of Pakistan2006 C L C 67
PROVINCE OF PUNJAB, through Secretary to Government of Punjab and 2 others — Petitioners Versus MUHAMMAD YASIN — Respondent
Court: Lahore2025 C L C 75
MINISTRY OF INTERIOR EMPLOYEES CO-OPERATIVE HOUSING SOCIETY, through General Secretary — Petitioner Versus CAPITAL DEVELOPMENT AUTHORITY through Chairman and 3 others — Respondents
Court: Islamabad2022 S C M R 1836
GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar and others — Appellants Versus YOUSAF KHAN and others — Respondents
Court: Supreme Court of PakistanP 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.