GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar vs YOUSAF KHAN S — 2022 SCMR 1836 SUPREME-COURT

Case information

Citation: 2022 SCMR 1836 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: SCMR
Parties: GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar vs YOUSAF KHAN S
Subject matter: Civil
Provisions referred to: S. 28; Land Acquisition Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar VS YOUSAF KHAN S. 28 [as amended by the Land Acquisition (Amendment) Ordinance, 2001 (Khyber Pakhtunkhwa)]---Payment of rent (formerly interest) on excess compensation---In terms of amended section 28 of the Land Acquisition Act, 1894 (as applicable in Khyber Pakhtunkhwa) Court is free to award any rate of rent on the enhanced sum of compensation and is not bound by the limit of 6%---However, it does not mean that the court is not to grant any rent on the sum enhanced---Distinction between the terms sum and amount to be determined is that while the "sum" is simply the enhanced compensation, the "amount" is the rent over and above the enhanced compensation to provide for the loss caused to the landowner due to the delay in making payment of the adequate compensation since the taking over of the possession of the land---Under section 28 of the Land Acquisition Act, 1894, a Referee Court can, and should, add the sum of actual fair market rental value of the land found acquired unpaid (or deficiently paid) if it is proved by evidence on record or, in absence of such evidence, a sum equal to 6% per annum of the enhanced sum of compensation as the minimum rental value of that land, from the date of taking possession of the acquired land to the date of actual payment of the enhanced price/compensation to the landowner. Head NotesCase Description

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