| Citation(s) |
|---|
| 2022 SLG 1014 2022 SLD 1014 2022 SCMR 890 |
Supreme Court of Pakistan
Civil Petitions Nos. 5718 to 5720 and 5799 of 2021 and Civil Petition No. 2018-L of 2021, decision Dated: 7-02-2022, Date of hearing: 7-02-2022 [Against the order Dated 29.9.2021, passed by the Lahore High Court, Multan Bench, Multan, in F.A.Os. Nos. 93,
IJAZ UL AHSAN, JUSTICE, AYESHA A. MALIK, JUSTICE
Shezada Mazhar, Advocate Supreme Court with Ch. Akhtar Ali, Advocate-on-Record for Petitioners (in C.Ps. Nos. 5718 to 5720 and 5799 of 2021). Rana Shamshad, Additional Advocate General, Punjab and Tahir Shah, Sr. LO, C&W Deptt. for
Respondents (in CPs. 5
Civil Petitions Nos. 5718 to 5720 and 5799 of 2021 and Civil Petition No. 2018-L of 2021, decision Dated: 7-02-2022, Date of hearing: 7-02-2022 [Against the order Dated 29.9.2021, passed by the Lahore High Court, Multan Bench, Multan, in F.A.Os. Nos. 93,
IJAZ UL AHSAN, JUSTICE, AYESHA A. MALIK, JUSTICE
Shezada Mazhar, Advocate Supreme Court with Ch. Akhtar Ali, Advocate-on-Record for Petitioners (in C.Ps. Nos. 5718 to 5720 and 5799 of 2021). Rana Shamshad, Additional Advocate General, Punjab and Tahir Shah, Sr. LO, C&W Deptt. for
Respondents (in CPs. 5
SYEDA NASREEN ZOHRA (DECEASED) THROUGH LRS. AND OTHErs
VS
GOVERNMENT OF THE PUNJAB THROUGH SECRETARY COMMUNICATION AND WORKS DEPARTMENT, LAHORE AND OTHERS
Law: Land Acquisition Act, 1894
Section: 18,31,34
(a) Land Acquisition Act (I of 1894)--- ----Ss. 18, 31 , 34---Compensation not paid or deposited in Court---Payment of interest---Mandatory requirement---After the Award has been made, the Collector is bound to tender the payment in question---If the Collector is prevented from doing so, he is, required to tender the same in Court---In case the Collector does not make the payment, the landowner becomes entitled to interest as provided in section 34 of the Land Acquisition Act, 1894---Payment of such interest is mandatory in nature and its payment cannot not be denied. Sheikh Muhammad Ilyas Ahmed and others v. Pakistan through Secretary Ministry of Defence, Islamabad and others PLD 2016 SC 64 ref. (b) Land Acquisition Act (I of 1894)--- ----Ss. 31 , 34---Compensation not paid or deposited in Court---Compound interest, payment of---Scope---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 (in court), the matter goes out of the penal consequences of section 34 of the Land Acquisition Act, 1894---However, it would be unfair, unjust and contrary to the policy of the law to put a landowner at an unfair disadvantage for recovery of the accrued amount of compensation and give an unfair advantage to the acquiring department which can delay payment of accrued compound interest indefinitely; this would lead to an absurd situation and could not be the intent of the law---Thus, in such an event, simple interest would be payable on the amount that has accrued by way of compound interest till such time that the accrued and outstanding compound interest is paid to the person who is entitled to receive compensation for his/her acquired land. JUDGMENT: AYESHA A. MALIK, JUSTICE:---.--- Civil Petitions for Leave to Appeals Nos. 5718 to 5720 and 5799 of 2021 under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973, have arisen out of a consolidated order dated 29.09.2021, passed by the Lahore High Court, Multan Bench, in F.A.Os. Nos.93, 117 of 2018 and 25 and 24 of 2019, respectively. Civil Petition for Leave to Appeal No.2018-L of 2021…
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