Law:

Section:

Land Acquisition Act (I of 1894)-------Ss. 4 & 28-A---Civil Procedure Code (V of 1908), Ss.151 & 152---Acquisition of land---Claim for additional compensation---Exercise of inherent powers of Court---Application for---Applicants/claimants had sought correction of and had prayed that additional compensation in respect of their acquired land be allowed to them which was allowed in law---On the date when High Court had given its decision, S.28-A of Land Acquisition Act, 1894 whereunder claimants were held entitled to additional compensation of 15% per annum on amount of compensation plus interest, was in field as at that time it was added in said Act---Pendency of reference in referee Court, amounted to pending proceedings as matter of payment of compensation, was not finally adjudicated at that time---It appeared that S.28-A of Land Acquisition Act, 1894 was not brought to the notice of the Bench, resulting in loss to claimants/applicants---Allowance provided under said S.28-A of Land Acquisition Act, 1894 was mandatory in nature and being beneficial in nature, would apply to all pending proceedings---Applicants/claimants, in circumstances were entitled to said additional compensation, so fixed from the date of Notification under S.4 of Land Acquisition Act, 1894 to the date of payment of compensation---Omission to grant additional compensation as was admissible under S.28-A of Land Acquisition Act, 1894, however was not intentional, but appeared to be an accidental slip or omission which could be corrected at any time by the Court, either on its own motion or on application of any party, in exercise of powers under S.152, C.P.C. and said omission could be rectified. Abdul Hamid Ali and others v. Land Acquisition Officer, Badin PLD 1998 Kar. 50 and Dilawar Hussain and others v. The Province of Sindh and others PLD 1993 Kar. 578 ref. Adnan Memon, Muhammad Saleem Mangrio, Ms. Shahida Bano Kasmani and Mushtaq Ahmed Chandio for Claimants. S. Amanullah Khan, for Pakistan Steel Mills. Muhammad Ahmed Pirzada, Addl. A.-G. Sindh. Date of hearing: 6th April, 2006. ORDER NADEEM AZHAR SIDDIQI, J.---By this application the applicants have prayed that correction in the…

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