Law: Land Acquisition Act, 1894

Section: 34,18

Law: Civil Procedure Code (V of 1908)

Section: 2,11,9

Land Acquisition Act (I of 1894)--- ----Ss. 34 & 18---Civil Procedure Code (V of 1908), O. VII, Rr. 2 & 11 & S.9---Money suit---Land acquisition---Recovery of interest---Plaint, rejection of---Scope---Land was acquired and compensation was paid to the land owners---Plaintiffs-land owners filed suit for recovery of interest at the prevailing Bank rate till payment was made to them---Authorities moved application for rejection of plaint on the ground that matter fell within the domain of Collector Land Acquisition and civil court had no jurisdiction to entertain the suit---Application for rejection of plaint was dismissed---Validity---Claim of interest did not fall within the purview of S.18 of Land Acquisition Act, 1894---Aggrieved party had independent remedies by way of filing a suit or by invoking writ jurisdiction of Chief Court---Interest was an additional relief which was not included in the compensation---Aggrieved party would be at liberty to seek remedy to file a regular suit in civil court or to invoke jurisdiction of Chief Court if Collector Land Acquisition failed to disburse the amount to the land owners or to deposit same in the Court---Chief Court directed the Chief Secretary to ensure speedy and expeditious disposal of matter with regard to payment of compensation to the land owners---No infirmity had been pointed out in the concurrent findings recorded by the courts below---Writ petition was dismissed in circumstances. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, JUSTICE:---.--- The precise facts of the case in hand are that in the year 2013 a development scheme titled "Construction of Truckable Road from Zulfiqarabad to KIU Bridge" was launched and after completion of all the codal formalities private land measuring 12 Kanals, 17 Marlas cultivated and 02 Kanals, 18 Marlas, uncultivated land was acquired and compensation to the land owners was paid on 19/06/2013. 2. On 02/09/2013, the respondents/plaintiffs filed a Civil Suit in the Court of learned Civil Judge No.2 Gilgit for recovery of compound interest from 19/06/2013 to 20/04/2008 at the rate of 08% and also interest at the prevailing bank rates, till payment is made to them. 3. On…

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