Law: Land Acquisition Act, 1894

Section: 28-A

Land Acquisition Act (I of 1894)-- ----S. 28-A---Suit for recovery of compensation and compulsory acquisition charges--- Principles--- Plaintiffs/ respondents filed suit for recovery of compensation and 15% Compulsory Acquisition Charges---Trial Court decreed the suit in favour of plaintiffs/ respondents--- Validity--- Plaintiffs/ respondents were entitled for 15% additional compensation under S.28-A of Land Acquisition Act, 1894, till payment of compensation was made---Outstanding compensation was paid on 15-2-2001 whereas award was passed on 29-3-1993s/respondents were entitled for 15% Compulsory Acquisition Charges from 29-3-1993 to 15-2-2001 on outstanding amount---High Court modified and decree passed by Trial Court accordingly---Appeal was dismissed in circumstances. JUDGMENT ROZI KHAN BARRECH, J.--- This appeal is directed against the judgment and decree dated 17th September, 1998 (impugned judgment) passed by learned Senior Civil Judge (trial court), Quetta in Civil Suit No. 10/1996, whereby the suit filed by the predecessor of private respondents/ plaintiffs for recovery of Rs.4,20,69,223/- along with 15% till realization of the said amount was decreed in their favour. 2. Facts of the case in brief are that through award dated 29th March 1993 given by the then Assistant Commissioner/ SDM and Collector Saddar Sub-division Quetta (defendant/respondent), whereby under the Land Acquisition Act 1894, the land of the respondents/plaintiffs measuring 7483880.25 square feet situated at Mohal Khushkaba, Tappa Sraghudgi, Mouza Sraghudgi, Tehsil and District Quetta (disputed land) was acquired for QDA (appellant/defendant) for establishment of Sraghudgi Housing Scheme. The amount of Rs.4,08,61,986/16 was to be paid to the respondents/plaintiffs as compensation with regard to the disputed land. After the award the disputed land was mutated in the name of appellant/defendant No.2 who undertook to pay the remaining balance amount of Rs.2,48,64,787/51 within a period of six months. After expiring of said period the balance amount was not paid to the respondents/plaintiffs, as such, the respondents counsel issued notice to the appellant/defendant No.2 for payment of…

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