Law: Land Acquisition Act, 1894

Section: 34,50,50(2),18

Law: Land Acquisition Act, 1894

Section: 34,50,50(2),18

(a) Land Acquisition Act (I of 1894)-------Ss. 50(2) & 18---Reference---Appeal by local authority against and decree, made in reference---Competency---Acquisition of land for benefit of Military Estate (Local Authority)---Award made by Collector not disputed by parties---Affectee who was not paid compensation for years initiated for compound interest through supplementary award which was granted by competent- authority---Beneficiary (Military Estate) joining the Government filed objection petition which was-referred to Referee Court---Reference and appeal were dismissed---Validity---Section 50(2) of Land Acquisition Act, 1894 restricted right of reference by or on behalf of any Local Authority or Company against an award---Legislature had given right to local authority or company concerned for whose benefit land was acquired by the Government only to appear and adduce evidence before the competent authority for the purpose of determining amount of compensation---Such authority or company has neither right to ask for a reference under S.18, nor on a parity of reasoning a right to prefer an appeal against ,decision made upon a reference under S.18---Local Authority and Federal Government, held, did not possess any locus standi to file appeal under S.50(2) of the Act. Pir Khan through L. Rs. v. Military Estate Officer at Abbottabad and others PLD 1987 case No.485 ref. (b) Land Acquisition Act (I of 1894)--- ----Ss. 34 & 28---Award of compound interest, jurisdiction of Collector---Scope---Collector is not only competent to allow suit interest rather he is bound under law to compensate the affectce owner in shape of awarding compound interest if after taking possession of acquired land Local Authority or company concerned fails to pay compensation. JUDGMENT SYED TAHIR ALI SHAH, J.---Government of Pakistan through Ministry of defence and Force Commander Northern Areas seek leave to appeal against the judgment/order passed by Chief Court Northern Areas on 29-8-2005 in Civil First Appeal No.5 of 2006. 2. Brief facts forming the background of instant case are that the petitioners approached the Collector Land Acquisition Gilgit (Settlement Officer having…

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