| Citation(s) |
|---|
| 2023 SLG 558 2023 SLD 558 2023 SCMR 493 |
Supreme Court of Pakistan
Civil Petitions Nos. 819, 820 of 2017 and 939-L of 2015, decision Dated: 21st August, 2022. (Against the Judgment Dated 26.01.2017 passed by Lahore High Court, Lahore in I.C.A. No. 616 of 2016, I.C.A. No. 617 of 2016 and Order Dated 30.3.2015 in I.C.A. No
SARDAR TARIQ MASOOD, AMIN-UD-DIN KHAN AND, JAMAL KHAN MANDOKHAIL, JJ
Barrister Haris Azmat, Advocate Supreme Court, Muhammad Ali, Dy. Dir.(L) and Hafiz Tanvir, G.M (M-II) for Petitioner. Malik Noor Muhammad Awan, Advocate Supreme Court for
Respondents.
Civil Petitions Nos. 819, 820 of 2017 and 939-L of 2015, decision Dated: 21st August, 2022. (Against the Judgment Dated 26.01.2017 passed by Lahore High Court, Lahore in I.C.A. No. 616 of 2016, I.C.A. No. 617 of 2016 and Order Dated 30.3.2015 in I.C.A. No
SARDAR TARIQ MASOOD, AMIN-UD-DIN KHAN AND, JAMAL KHAN MANDOKHAIL, JJ
Barrister Haris Azmat, Advocate Supreme Court, Muhammad Ali, Dy. Dir.(L) and Hafiz Tanvir, G.M (M-II) for Petitioner. Malik Noor Muhammad Awan, Advocate Supreme Court for
Respondents.
NATIONAL HIGHWAY AUTHORITY through Ghulam Mujtaba, G.M, Lahore
VS
MAZHAR SIDDIQUE and others
Law: Land Acquisition Act, 1894
Section: 11
Law: Constitution of Pakistan, 1973
Section: 199
(a) Land Acquisition Act (I of 1894)--- ----S. 11---Constitution of Pakistan, Art. 199---Land acquisition---Compensation, quantum of---Constitutional petition filed by land owners for compensation of acquired land---Maintainability---In the present case, after the remand of the case by the High Court to the Collector the subject matter squarely fell within the domain of Land Acquisition Act, 1894, and afterwards the High Court should not have extended its extraordinary jurisdiction under Article 199 of the Constitution---Land Acquisition Act, 1894 provides adequate and comprehensive mechanism for the determination of the compensation amount and recourse to the judicial forums to the aggrieved and interested parties---In case of disputed facts, High Court cannot exercise its extraordinary Constitutional jurisdiction. Pakistan WAPDA Employees Pegham Union v. Member, National Industrial Relations Commission, Islamabad and others 2015 PLC 45; Fida Hussain v. Mst. Saiqa 2011 SCMR 1990 and Ahmad Developers v. Muhammad Saleh 2010 SCMR 1057 ref. (b) Land Acquisition Act (I of 1894)--- ----S. 34---Land acquisition---Compound interest on compensation amount, payment of---Scope---Relevant starting date for the payment of compound interest on compensation amount, in terms of section 34 of Land Acquisition Act, 1894 is the date of taking possession of the acquired land till the date of payment by Collector where normal statutory procedure has been observed---Compound interest would continue to accrue till such time that the entire compensation is paid in its entirety---Once the original amount has been deposited, the matter goes out of the penal consequences of section 34 of the Land Acquisition Act, 1894. Sheikh Muhammad Ilyas Ahmed and others v. Pakistan through Secretary Ministry of Defence, Islamabad and others PLD 2016 SC 64 and Syeda Nasreen Zohra v. Government of the Punjab 2022 SCMR 890 rel. (c) Contempt of Court Ordinance (V of 2003)--- ----S. 3---Constitution of Pakistan, Art. 204(2)---Use of contempt jurisdiction by the High Court as a substitute of execution proceeding---Supreme Court observed that such practice was undesirable. Saeeda Sultan v. Liaqat Ali…
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