Law:

Section:

a) Void order---Erroneous order---Limitation---Bar of limitation does not operate in respect of void order but does in respect of erroneous order---Question of limitation may not arise in respect of a which is nullity in law, void or ultra vires the statute or the Constitution---Where an order is without jurisdiction and void, the same need not even be 'formally set aside. Ali Muhammad v. Hussain Bakhsh PLD 1976 SC 37 and Ch. Altaf Hussain and others v. The Chief Settlement Commissioner PLD 1965 SC 68 ref. (b) Land Acquisition Act (I of 1894)-------S. 34 [as substituted by Land Acquisition North-West Frontier Province (Amendment) Ordinance (V of 1983)]---Acquisition of land---Awarding of compound interest---Void order---Limitation against void order---Land was acquired and compound interest on compensation was allowed till the amount was paid---Validity---Such order of grant of compound interest at the specified rate was in clear violation of S.34, Land Acquisition Act, 1894 [as amended by Land Acquisition North-West Frontier Province (Amendment) Ordinance, 1983], order being nullity in law the, same would not be hit by any-.bar of limitation---Order of award of compound interest was set aside and the same was substituted with the order of award of simple interest from the date of taking over possession of land until the amount has been so paid to the respondents or deposited in the Court---Judgment of High Court was set aside. Mst. Rehmat Bibi and others v. Punnu Khan and others 1986 SCMR 962; Malik Khawaja Muhammad and 24 others v. Marduman Babar Kahol and 29 others 1987 SCMR 1543 and Muhammad Shafi v. Mushtaque Ahmed through Legal Heirs and others 1996 ,SCMR 856 ref. M. Younis Khan Tanoli, Advocate-General, N.-W.F.P. for Appellants (in CA. No.1393 of 1999). Respondents in person (in C.A. No. 1393 of 1999). Appellants in person (in C.A. No. 1396 of 1999). Muhammad Yunis Khan Tanoli, Advocate-General, N.-W.F.P. instructed by Haji M.A. Qayyum Mazhar, Advocate-on-Record for Respondents (in C. A. No. 1496 of 1999). Date of hearing: 4th January, 2001. JUDGMENT MUHAMMAD BASHIR JEHANGIRI, J.--The titled two direct appeals under section 54 of the Land Acquisition Act…

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