| Citation(s) |
|---|
| 2015 SLG 1253 2015 SLD 1253 2015 PLJ 916 |
Supreme Court of Pakistan
C.As. Nos. 1011 & 2786 of 2006 & Civil Petition No. 538 of 2006, decision Dated: 07.07.2015. Hearing Date : 29.01.2015. (On appeal against a common judgment Dated 31.05.2006 passed by the Lahore High Court, Multan Bench, in ICA No. 229 of 1999 & RFA No. 3
GULZAR AHMED, JUSTICE, MUSHIR ALAM, JUSTICE
Syed Najam-ul-Hassan Kazmi, Sr. ASC and Mr. Muhammad Ali Shah Gillani, ASC for Appellants (in C.A. No. 1011 & C.P. No. 538 of 2006). Mr. Razzaq A. Mirza, Addl. A.G. Punjab for Appellant (also on Courts Notice in C.P. No. 538 & C.A. No. 1011 & in C.A. No.
C.As. Nos. 1011 & 2786 of 2006 & Civil Petition No. 538 of 2006, decision Dated: 07.07.2015. Hearing Date : 29.01.2015. (On appeal against a common judgment Dated 31.05.2006 passed by the Lahore High Court, Multan Bench, in ICA No. 229 of 1999 & RFA No. 3
GULZAR AHMED, JUSTICE, MUSHIR ALAM, JUSTICE
Syed Najam-ul-Hassan Kazmi, Sr. ASC and Mr. Muhammad Ali Shah Gillani, ASC for Appellants (in C.A. No. 1011 & C.P. No. 538 of 2006). Mr. Razzaq A. Mirza, Addl. A.G. Punjab for Appellant (also on Courts Notice in C.P. No. 538 & C.A. No. 1011 & in C.A. No.
MST. NASREEN ZAHRA AND OTHERS
VS
MULTAN DEVELOPMENT AUTHORITY MULTAN AND OTHERS
Law:
Section:
Land Acquisition Act, 1894 (I of 1894)-- ----Ss. 4, 11, 18, 31(1), (2) & 34--Notification--Acquisition of land by Govt. at public expenses for public interest--Notification was challenged--Entitled for payment of interest--Responsibility of collector to tender payment--Issue of payment of interest--Payment of compensation--Validity--On making of award under Section 11 of Act, Collector was bound to tender payment of compensation awarded by him to person entitled thereto according to award--Collector was prevented from tendering compensation awarded by him, Collector was required to deposit compensation in Court to which Reference under Section 18 of Act was made--Therefore, in absence of any proof that compensation amount awarded by Collector was tendered or was deposited with referee Court, will establish claim for payment of interest, as provided under Section 34 of Act--High Court while disallowing claim for payment of interest assigned reason that Provincial Government has released to MDA for compensation--Compensation amount awarded by Collector was required to be tendered and in case Collector was prevented from tendering compensation amount, he was required to deposit same in Referee Court where Reference under Section 18 of Act was filed--Appellants was entitled to payment of interest, as provided under Section 34 of Act. THIS JUDGMENT DELIVERED BY: Gulzar Ahmed, J.- Civil Appeal No. 1011 of 2006 and Civil Petition No. 538 of 2006 have been filed by Mst. Nasreen Zahra while Civil Appeal No. 2786 of 2006 is filed by Government of the Punjab through Secretary Communication & Works Department, Lahore. There is a common impugned judgment dated 31.05.2006 of a learned Division Bench of the Lahore High Court, Multan Bench. 2. Brief facts of the matter are that a Notification dated 07.05.1976 was issued under Section 4 of the Land Acquisition Act, 1894 (the Act) by the Collector/Deputy Commissioner, Multan District, Multan, which was published on 10.12.1976 notifying the acquiring of certain lands by Government of the Punjab at the public expense for the public interest i.e, construction of Multan Bye-Pass. A Corrigendum Notification dated 18.03.1977…
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