B.P. PAKISTAN EXPLORATION AND PRODUCTION, INC vs ASHIQUE HUSSAIN HALEPOTO Ss — 2024 SCMR 833 SUPREME-COURT

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B.P. PAKISTAN EXPLORATION AND PRODUCTION, INC VS ASHIQUE HUSSAIN HALEPOTO Ss. 23(2) & 28a & 34---Land acquisition---Compensation, quantum of---Compulsory charges and additional compensation---acquisition of land in favour of appellant-company for a public purpose---Referee Court enhanced the compensation from Rs. 95,000/- per acre to Rs. 120,000/- per acre---Propriety---appellant-company itself leased and used the acquired-property before it was acquired---Since the appellant-company negotiated and set the rent, the possibility for manipulation of the potential value of the demised property would be minimal---Furthermore, the time period that had lapsed between the issuance of Section 4 notification and the passing of the award in 'respect of the acquired-property that was already leased by the appellant-company does not render the amount of compensation adjudged to be unreasonable---Compensation for the property being acquired must not only be based on its market value but also the potential value thereof---In the peculiar circumstances of the present case, the compensation adjudged appears to have been reasonably determined---In the present case, the notification issued under Section 4 of the act, declared the acquisition to be made for a 'public purpose', and thus, the compensation awarded to the landowners requires correction---accordingly, the compulsory charges payable by the appellant-company to the respondents/landowners is reduced from 25% to 15% of the market value of the acquired-property---Moreover section 28a of the Land acquisition act, 1894, has been omitted through Section 4 of the Land acquisition (Sindh amendment) act, 2009 (act XVI of 2010)---Thus, it would be safe to state that in view of the present legislative dispensation, the appellant-company cannot be burdened with the payment of additional compensation to the landowners under Section 28-a of the act---Finally, it was admitted that prior to the commencement of the acquisition proceedings for the acquired-property in 1985, the same was leased by the appellant-company---appellant-company kept on paying the lease-money to landowners till 1995---appellant-company in these circumstances cannot simultaneously be taxed to pay the lease amount and also the interest on the compensation for the acquired property since 1985---Therefore, in all fairness, the private-respondents/landowners are entitled to interest on the compensation amount only after they ceased to receive the lease money for the acquired-property---accordingly, the appellant-company is only liable to pay interest on the compensation awarded to the private respondents/landowners from the time they stopped paying rent until the full compensation for the acquired property was paid---appeals were allowed accordingly. Citation Name: 2024 SCMR 833 SUPREME-COURTBookmark this Case B.P. PAKISTAN EXPLORATION AND PRODUCTION, INC VS ASHIQUE HUSSAIN HALEPOTO S. 54---Land acquisition---Compensation, award of---Appellant-company, for whom the land was acquired, was aggrieved of the enhancement of compensation by the Referee Court and hence filed an appeal before the High Court---Maintainability---Such an appeal was maintainable in terms of section 54 of the Land Acquisition Act, 1894.

B.P. PAKISTAN EXPLORATION AND PRODUCTION, INC vs ASHIQUE HUSSAIN HALEPOTO Ss — 2024 SCMR 833 SUPREME-COURT

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