Law: Land Acquisition Act, 1894

Section: 18, 23(3)28 34

Law: Code Of Civil Procedure, 1908.

Section: 96

Law: Limitation Act, 1908

Section: 12(2)

REMARKS

The court held that the 6% interest per annum would be calculated and paid to the landowners only on the enhanced value fixed by the Referee Court, and not on the total value already paid to the landowners. Furthermore, the court dismissed the appeals on the ground of limitation, finding that the appellants had failed to provide a plausible explanation for the delay of 27 days in filing the appeals.
In reaching its decision, the court relied on the amended Section 28 of the Land Acquisition Act, 1894, which provides for the payment of rent or interest on the enhanced compensation amount. The court also drew support from previous judgments of the Supreme Court of Pakistan, including “Government of Khyber Pakhtunkhwa through Chief Secretary, Peshawar and others Vs. Yousaf Khan and others”; (2022 SCMR 1836). Additionally, the court applied the provisions of the Limitation Act, 1908, which require that delays in filing appeals be explained with plausible explanations for each and every day.
Ultimately, the court dismissed the appeals, concluding that the 6% interest per annum would be calculated on the enhanced value fixed by the Referee Court, and that the appeals were barred by limitation due to the appellants; failure to provide a plausible explanation for the delay in filing the appeals.

Summary of Judgment :Compensation Dispute