Law:

Section:

Land Acquisition Act (I of 1894)--- ----Ss. 4, 18 & 28-A---Civil Procedure Code (V of 1908), S.47---Execution of decree--Acquisition of land---Additional Compensation-Principle--Notification under S.4 of Land Acquisition Act, 1894, was issued on 2-2-1960 regarding acquisition of lands in question and award was announced on 17-12-1960---Land owners were dissatisfied with the award, therefore, they filed reference and the compensation was modified by High Court on 27-8-1970 and matter was finally decided by Supreme Court on 18-2-1987---Decree holders during execution of decree had sought additional .compensation on the enhancement of compensation (unpaid amount)---Validity---Question of amount of compensation payable from the date of notification under S.4 of Land Acquisition Act, 1894, till entire amount of compensation was to be determined in single transaction---Additional compensation under S.28-A of Land Acquisition Act, 1894, would have to be calculated by bifurcating unpaid amount from that which had already been received by land owners---Provision of S:28-A of Land Acquisition Act, 1894, was a self executing provision and mere fact that it was not considered in the of Supreme Court did not disentitle High Court from allowing the decree holders to avail all its benefits---Decree holders were entitled to receive additional compensation under S.28-A of Land Acquisition Act, 1894, on unpaid amount of compensation from the date of notification under S.4 of Land Acquisition Act, 1894 till final payment of compensation made to decree holders---High Court directed the office to complete the payment within two weeks---Application was allowed accordingly. PLD 1987, Kar. 466; Majeed Shaikh v. Syed Shakir Alia Jafri and 6 others 1991 MLD 1258; Syed Saadi Jafri Zainabi v. Land Acquisition Collector and Assistant Commissioner PLD 1992 SC 472; Dilawar Hussain and 6 others v. The Province of Sindh through Secretary Revenue Department, Karachi and 2 others PLD 1993 Kar. 578; Dilawar Hussain and 6 others, v. The Province of Sindh through Secretary Revenue Department, Karachi and 2 others PLD 2003 Kar. 174; Land Acquisition Officer, Badin District v. Pir Altaf Hussain…

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