| Citation(s) |
|---|
| 2022 SLG 196 2022 SLD 196 2022 SCMR 277 |
Supreme Court of Pakistan
Civil Review Petitions Nos.758 and 759 of 2019 and Civil Review Petitions Nos. 7 to 84 and 121 of 2020, decided on 14th October, 2021. Date of hearing: 14th October, 2021. (For review of the order dated 14.11.2019, passed by this Court, in Civil Appeal No
SYED MANSOOR ALI SHAH, JUSTICE, QAZI MUHAMMAD AMIN AHMED, JUSTICE
(For review of the order dated 14.11.2019, passed by this Court, in Civil Appeal No.169-P/2018 and other connected matters) Atif Ali Khan, Additional A.G. Khyber Pakhtunkhwa and Malik Akhtar Awan, Additional A.G. Kbyber Pakhtunkhwa for Petitioners (in al
Civil Review Petitions Nos.758 and 759 of 2019 and Civil Review Petitions Nos. 7 to 84 and 121 of 2020, decided on 14th October, 2021. Date of hearing: 14th October, 2021. (For review of the order dated 14.11.2019, passed by this Court, in Civil Appeal No
SYED MANSOOR ALI SHAH, JUSTICE, QAZI MUHAMMAD AMIN AHMED, JUSTICE
(For review of the order dated 14.11.2019, passed by this Court, in Civil Appeal No.169-P/2018 and other connected matters) Atif Ali Khan, Additional A.G. Khyber Pakhtunkhwa and Malik Akhtar Awan, Additional A.G. Kbyber Pakhtunkhwa for Petitioners (in al
GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH DISTRICT COLLECTOR/DISTRICT OFFICER (R&E) (NOW) DEPUTY COMMISSIONER MARDAN AND OTHErs
VS
MISAL KHAN AND OTHERS
Law: Land Acquisition Act, 1894
Section: 28
Land Acquisition Act (I of 1894)--- ----S. 28 [as amended by the Khyber Pakhtunkhwa Land Acquisition (Amendment) Ordinance 2001]---Interest on enhanced compensation---Scope---Section 28 of the Land Acquisition Act, 1894 as it existed in the Province of Khyber Pakhtunkhwa (KPK), authorized the Court to determine the amount of compensation to be paid to a land owner, which was over and above the enhanced sum of compensation awarded by the Court---Said determination of the amount included the interest on the enhanced sum of the compensation for the period when the possession of the land was taken till the payment of the enhanced sum of the compensation to the land owner---In the Province of KPK the Court was not bound by any fixed rate of interest and could grant interest at any just, proper and reasonable rate as it determined, which could also be the rate determined by the State Bank of Pakistan. ORDER SYED MANSOOR ALI SHAH, J.--- These review petitions have been filed against the consolidated order dated 14.11.2019 passed by this Court, whereby the civil appeals filed by the Government of KPK through District Collector, Mardan were dismissed. The solitary contention of the learned counsel for the petitioners in these petitions is that section 28 of Land Acquisition Act, 1894 (Act) as amended by the North-West Frontier Province Land Acquisition (Amendment) Ordinance 2001, does not provide for payment of 6% interest on the enhanced compensation to the landowner from the date of taking possession of the land till the date of payment, yet the same has been granted by the Referee Court and the High Court and maintained by this Court in the order under review. It is further contended that the amended section 28 of the Act simply provides for the payment of the enhanced compensation to the landowners without any interest irrespective of the date of possession and the actual date of payment of compensation to the landowner. 2. We have considered the contention of the learned counsel for the petitioners. Section 28 of the Act, as amended by the North-West Frontier Province Land Acquisition (Amendment) Ordinance, 2001 (XVII of 2001) provides as follows:- 28. lf the sum…
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