Case Details

Citation(s)
1998 SLG 1301 1998 SLD 1301 1998 CLC 713
Peshawar High Court
Regular First Appeal No.5-D of 1982, decision dated: 27-09-1993
ABDUL KARIM KHAN KUNDI, C.J. AND QAZI MUHAMMAD FAROOQ, J
Dost Muhammad Khan for Appellant. Ejaz Muhammad Khan for
Respondents

UMAR FAROOQ KHAN

VS

NORTH-WEST FRONTIER PROVINCE through Deputy CommissionercuM-Collector, Bannu and another

Law:

Section:

(a) Land Acquisition Act (I of 1894)-------S. 18---Land Acquisition Judge enhanced amount of compensation determined by Acquisition Collector---High Court affirmed compensation as determined by Acquisition Judge---Supreme Court, remanding case for decision afresh---High Court on remand of cases found that one appeal wherein it had affirmed enhancement of compensation was not appealed against thereby attaining finality---High Court, thus, was left with no choice but to accept those appeals remanded to it by Supreme Court and to determine compensation thereof at the rate it fixed against which no appeal had been filed---High Court in addition thereto awarded compulsory acquisition charges and compound interest on amount of compensation for specified period and, thereafter, at 6 per cent. simple interest until payment. PLD 1966 SC 824; PLD 1963 SC 296; R.F.A. No.38-D of 1979; PLD 1978 Pesh. 138 and PLD 1975 Pesh. 103 ref. (b) Land Acquisition Act (I of 1894)--- ----S. 18---Time-barred reference sent by Land Acquisition Collector to Land Acquisition Judge---Validity---Award was announced by Collector on 16-8-1977 whereagainst objection petition was filed before Land Acquisition Judge after 7 years that he made time-barred reference on 2-9-1984, which was received in Court of Acquisition Judge on 13-10-1984---Period of limitation for filing objection has been prescribed as six months---Land Acquisition Collector should have withheld such reference but he still made such time-barred reference to Land Acquisition Judge---Conduct of Land Acquisition Collector had caused huge financial loss to exchequer by his negligence or collusion---Copy of of High Court was sent to Chief Secretary of the Province for necessary action against delinquent officer. JUDGMENT ABDUL KARIM KHAN KUNDI, C.J.---Regular First Appeals No.5 of 1992 and No.10 of 1993 titled Umar Farooq v. Government of N.-W.F.P. etc. and Malik Umar Daraz v. Government of N.-W.F.P. etc., respectively, were dismissed by the Peshawar High Court, Peshawar vide judgments and orders, dated 16-3-1985. However, in Civil Appeal No.12-P of 1988 and Civil Appeal No.13-P of 1988 Supreme Court of Pakistan on acceptance of…
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