Law: Land Acquisition Act, 1894

Section: 18,28,34

Law: Land Acquisition Act, 1894

Section: 18,28,34

Land Acquisition Act (I of 1894)------Ss. 4, 11, 18, 23, 28, 34 & 54---Acquisition of land---Determination of compensation---Enhancement of amount of compensation by Referee Court---Execution of decree---Claim for interest on excess amount of compensation---Appeal---Landowners whose land was acquired, being dissatisfied with amount of compensation as determined by the Collector sought reference to Referee Court and their case was referred to the Referee Court and Referee Court enhanced the rate of compensation---Commission was appointed on appeal with the consent of the parties for determination of proper rates of compensation and decree passed by the Referee Court was modified in accordance with the report of the Commission---Execution proceedings were filed before Executing Court to execute the modified decree and during course of proceedings, landowners claimed interest under S.28 of the Land Acquisition Act, 1894, which had been refused by the Executing Court---Validity---Interest was awarded to the landowners as purported by S.34 of Land Acquisition Act, 1894 and no interest under S.28 of said Act, had been granted---Executing Court, in such a situation, had no option, but to execute the decree in the terms of the of the court as the Executing Court could not go behind the decree---Executing Court, however was directed by Chief Court that it was well within its jurisdiction to calculate the interest properly; and if the Executing Court was of the view or was convinced, could discard the calculation made by authorities and recalculate or make the calculation through a Commission of any account knowing person. Muhammad Shafi for Appellants. Asstt. A.-G. for Respondents. ORDER MUZAFFAR ALI, J.--- This appeal before us is result of the longstanding litigation between the parties on the subject of compensation for the land belonging to appellants, acquired by the respondents for construction of Hydel Scheme Phase (iv) at Hassanabad Hunza. Initially, the respondents denied compensation of the acquired land, hence the appellants went to civil suit, but later on the respondents agreed to pay the compensation for the said land and consequent upon award dated…

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