NATIONAL HIGHWAY AUTHORITY vs Rai AHMAD NAWAZ KHAN Ss — 2023 SCMR 700 SUPREME-COURT

Case information

Citation: 2023 SCMR 700 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: NATIONAL HIGHWAY AUTHORITY vs Rai AHMAD NAWAZ KHAN Ss
Subject matter: Civil
Provisions referred to: 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

NATIONAL HIGHWAY AUTHORITY VS Rai AHMAD NAWAZ KHAN Ss. 28 & 34---Payment of interest---Compound interest---Scope, purpose and repugnancy to Injunctions of Islam---Benefit of section 34 of the Land Acquisition Act, 1894 ('the Act') is statutory in nature and its benefit cannot be withheld from property owners on the ground that such benefit constitutes riba and goes against the injunctions of Islam---Section 34 is meant to ensure that the State compensates citizens whose lands have been acquired through compulsory acquisition as soon as possible and any delay in compensating affected citizens would entail penal consequences---Whilst riba/usury may be predatory in nature, the interest under section 34 of the Act is beneficial, since it ensures that property owners are compensated in a timely manner.

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