Law:

Section:

(a) Land Acquisition Act (I of 1894)--- ----Ss. 4, 5-9, 11, 12, 16, 17, 17-A, 31 & 34---Limitation Act (IX of 1908)---Constitution of Pakistan (1973), Arts.23 & 24---Right to property---Scope---Public purpose, compulsory acquisition of land---Non-compliance of mandatory provision of Land Acquisition Act, 1894---Effect---Collector Land Acquisition passed award on 23-6-1998---Amount of compensation was paid to landowner on 8-4-2000---Respondent submitted application before Collector for grant of 8% compound interest on 25-5-2001, which was allowed accordingly---Collector passed supplementary award on 24-9-2001---Acquiring Authority assailed supplementary award before Referee Court but to no avail---Validity---Right to property was protected by Constitution as fundamental right---Compulsory acquisition by Government for public purpose and for companies under Land Acquisition Act, 1894 was, however, an exception to fundamental right to property---Land Acquisition Act, 1894 was a special law which provided remedies and protected rights of landowners who might not resist compulsory acquisition of their land by Government---Provisions of Land Acquisition Act, 1894, provided that Acquiring Authority could enter into the land acquired only after its acquisition had been notified and published in official gazette--Non-compliance of mandatory provisions of Ss.4, 5-9 of the Act in better and spirit would vitiate whole proceedings of land acquisition---Neither Limitation Act, 1908, nor any provision in Land Acquisition Act, 1894 provided any limitation to get remedy under S.34 of Land Acquisition Act, 1894---Appeal was dismissed accordingly. PLD 1979 Lah. 735 ref. (b) Land Acquisition Act (I of 1894)--- ----Ss. 4, 5-9, 11, 12, 16, 17, 17-A, 31 & 34---Public purpose, compulsory acquisition of land---Duty of Collector---Scope---Under the relevant provisions of Land Acquisition Act, 1894, Collector was bound to pay awarded amount to landowner or deposit into Court and if amount was not paid or deposited into Court on or before taking possession of acquired land, Collector was to pay compound interest at rate of 8 per cent from the time of taking possession till the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492