AYUB KHAN vs The DISTRICT LAND ACQUISITION COLLECTOR, MARDAN Ss — 2021 MLD 140 PESHAWAR-HIGH-COURT

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AYUB KHAN VS The DISTRICT LAND ACQUISITION COLLECTOR, MARDAN Ss. 18, 28 & 34---Reference to court---Enhancement of compensation---Scope---Referee Judge enhanced compensation amount from Rs. 2,800/- to Rs. 125,000/- per marla along with 15% compulsory acquisition charges but refused 6% interest on excess amount determined by the Court---Validity---Collector Land Acquisition was bound to deposit excess amount before Referee Court as determined by the said Court---If excess amount was deposited then no interest should be levied on the excess amount but in case of failure of Collector Land Acquisition or beneficiary of acquisition to deposit the excess amount before Referee Court they could not be absolved from payment of interest thereon---Payment of interest under Section 28 of Land Acquisition Act, 1894, was discretionary and Court might pass an order by exercising discretion judiciously---When amount of compensation had not been paid or deposited on or before taking possession of the land then Collector Land Acquisition should pay the amount awarded with simple interest thereon @ 6% per annum from taking possession until it had been paid or deposited---When compensation amount had been enhanced by the Referee Court and same had not been paid or deposited in the Court then 6% interest per annum from the time of taking possession until it was paid or deposited should be paid to the land owners---Enhanced compensation amount in the present case had neither been paid to the land owners nor same had been deposited in the Referee Court---Land owners were entitled for the receipt of 6% interest per annum on the excess compensation amount from the date of taking over possession till same had been either paid or deposited in the Referee Court---Impugned judgment to the extent of declining 6% interest on excess amount of compensation determined by the Referee Court was set aside in circumstances---Appeal was allowed accordingly.

AYUB KHAN vs The DISTRICT LAND ACQUISITION COLLECTOR, MARDAN Ss — 2021 MLD 140 PESHAWAR-HIGH-COURT

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