Law: Land Acquisition Act (I of 1894)

Section: 23 , 28 , 28

Law: Civil Procedure Code (V of 1908)

Section: 152

  Land Acquisition Act (I of 1894)--- ---- S.28 --- Grant of interest on excess compensation --- Calculation --- Mode of-- Grant of interest in terms of S.28, Land Acquisition Act, 1894, is within the discretion of the Court which should be calculated at the prescribed rate not on the compensation allowed as a whole, but only on the excess of the sum, if any, which the Court had awarded as against that awarded by Collector --- Where discretion of Court was invoked, calculation of specified rate of interest would proceed on the difference to be worked out between the award of the Collector and the award of the Court. Civil Procedure Code (V of 1908). S. 152 --- Arithmetical errors of calculation bona fide made remaining un-challenged could always be sought to be rectified and even reimbursements could be claimed. In re: Land Acquisition Act PLD 1992 FSC 398 and Mahmoodur Rehman Faisal v. Secretary, Ministry of Law PLD 1992 FSC 1 ref. Land Acquisition Act (I of 1894)--- ---- Ss. 23, 28 & 28-A [added by Land Acquisition (Sindh Amendment) Ordinance (XXIII of 1984)] --- Provisions of Ss. 23, 28 & 28-A, Land Acquisition Act, 1894, comparison of --- Grant of interest in terms of S.28, Land Acquisition Act, 1894, is within discretion of the Court ---Provision of S.23(2) of the Act makes it incumbent for the Court to allow additional 15 per cent. On the market value arrived at under S.23(1), Land Acquisition Act 1894, while S.28-A postulates 15 per cent. solatium per annum on the compensation as an addition mandatorily. Interest to be granted under section 28, Land Acquisition Act, 1894 is patently a matter within the discretion of the Court. The Court may or may not grant it. If it chooses to say nothing on the subject the interest claimable under section 28 would be lost for there is no absolute right of the land-holder in it. Interest is to be granted consciously and upon express exercise of power. Like result should follow when section 23(2) of the Act is compared with section 28-A. The former makes it incumbent for "the Court" to allow an additional 15% on the market value arrived at under section 23(l) of the Land Acquisition Act, 1894. Yet,…