Law: Land Acquisition Act, 1894

Section: 23(2),28A,

Law: Land Acquisition Act, 1894

Section: 23(2),28A,

Land Acquisition Act (I of 1894)-------Ss. 4, 11, 23 &.28-A---Civil Procedure Code (V of 1908), S.115---Acquisition of land---Determination of compensation---Claim for additional compensation---Denial of claim---Land of applicant was acquired, possession of acquired land was taken over and amount of compensation was determined---Amount of compensation having been paid to applicant after 10 years, 3 months and 11 days of taking over possession of land, applicant claimed additional compensation under S.28-A of Land Acquisition Act, 1894---Claim of applicant was denied---Validity---Under provisions of S.28-A of Land Acquisition Act, 1894 15% per annum was granted as additional compensation which was to be given to the landowner, if the possession of the property was taken over from the owner, but compensation was not paid to him---Applicant who was paid amount of compensation after delay of more than 10 years was entitled to additional compensation under S.28-A of Land Acquisition Act, 1894 and there was no justification for denying the additional compensation---High Court directed the authorities to work out and pay additional compensation to the applicant. Ahmed Ali A. Memon for Applicant. Liaquat Ali Shar Addl. A.-G. ORDER FAISAL ARAB, J.--- The land of the applicant comprising of 7-1 acres was acquired under the Land Acquisition Act for setting up a School. The market value was determined at the rate of Rs.80,000 per acre. The possession of the land was taken on 1-1-1993. Thereafter the award was passed on 29-6-1993; hence the applicant became entitled-for Rs.5,62,000 as compensation for the land. He was also granted one time Rs.84,300 being 15% of the market value in the name of interest. Thus amount of Rs.6,46,300 was paid to the applicant on 12-4-2003 in execution proceedings. In the execution proceedings he had also claimed interest with effect from 1-1-1993 till the date of payment but the same was not granted on the ground that in the year 2003 when applicant received the payment he did not raise any objection and secondly in the award there was no mention with regard to the payment of interest. On such reasoning his claim for interest was denied;…

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