| Case ID |
3980de6b-9d48-405b-bc0a-2321362a7030 |
| Body |
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| Case Number |
Execution Application No. 27 of 1988 |
| Decision Date |
May 31, 1993 |
| Hearing Date |
|
| Decision |
The Sindh High Court adjudicated on Execution Application No. 27 of 1988, delivered on May 31, 1993. The case involved Dilawar Hussain and six others as petitioners against the Province of Sindh through the Secretary Revenue Department, Karachi, and two others as respondents. The court examined the applicability of various sections of the Land Acquisition Act, 1894, and the Civil Procedure Code (V of 1908). Key issues revolved around the grant of interest on excess compensation under Section 28, the mandatory solatium under Section 28A added by the Sindh Amendment Ordinance, and the rectification of arithmetical errors under Section 152 of the Civil Procedure Code. The judgment emphasized the discretionary power of the court in granting interest on excess compensation and the mandatory nature of solatium under the amended Act. Additionally, it addressed the execution powers of the court, ensuring that decrees are executed faithfully while allowing for adjustments based on legislative changes. Ultimately, the decree-holders were entitled to compensation and solatium as per the statutory provisions, subject to detailed calculations and adherence to procedural directives. |
| Summary |
In the landmark decision of Execution Application No. 27 of 1988, the Sindh High Court delivered a pivotal judgment on May 31, 1993, presided over by Justice Wajiliuddin Ahmed. This case, cited as 1993 SLD 256 and 1993 PLD 578, centered on the rights of landholders against the Province of Sindh during the execution of land acquisition proceedings. The petitioners, Dilawar Hussain and six others, contested the compensatory measures mandated under the Land Acquisition Act, 1894, particularly focusing on Sections 23, 26(2), 28, and the newly introduced 28A. The court meticulously analyzed the discretionary power vested in it under Section 28 to grant interest on excess compensation awarded beyond the Collector's initial assessment. Moreover, the introduction of Section 28A through the Sindh Amendment Ordinance imposed a mandatory solatium of 15% per annum on compensation, aiming to address inflationary impacts on land value post-acquisition. The defense, represented by lawyers Muhammad Sharif and M. Akrarn Zuberi, alongside K.M. Nadeem and A.A.G., argued the limitations of executing courts in revisiting decrees. However, the judgment underscored the necessity of adhering to amended laws, ensuring that compensation mechanisms are both just and reflective of current economic realities. The decision also delved into procedural intricacies, referencing Section 152 of the Civil Procedure Code for rectifying arithmetical errors, thereby reinforcing the integrity of judicial computations. By granting the decree-holders' entitlement to enhanced compensation and solatium, the court emphasized the paramount importance of fair compensation in land acquisition, setting a precedent for future cases. This judgment not only fortified the rights of landholders under Sindh's legislative framework but also highlighted the judiciary's role in balancing statutory directives with equitable justice. The case remains a cornerstone in understanding the interplay between land acquisition laws and judicial discretion in compensation matters. |
| Court |
Sindh High Court
|
| Entities Involved |
The Province of Sindh,
Secretary Revenue Department, Karachi
|
| Judges |
Wajiliuddin Ahmed
|
| Lawyers |
Muhammad Sharif,
M. Akrarn Zuberi,
K.M. Nadeem,
A.A.G.
|
| Petitioners |
Dilawar Hussain and 6 others
|
| Respondents |
THE PROVINCE OF SINDH through Secretary Revenue Department, Karachi and 2 others
|
| Citations |
1993 SLD 256,
1993 PLD 578
|
| Other Citations |
In re: Land Acquisition Act PLD 1992 FSC 398,
Mahmoodur Rehman Faisal v. Secretary, Ministry of Law PLD 1992 FSC 1,
Province of West Pakistan v. Mehboob Ali PLD 1976 SC 483,
Bashir Hussain v. Land Acquisition Collector, Lahore PLD 1970 Lah.,
Narsingh v. Rao Nihalkarn AIR 1962 MP 318,
Mullick Bros. v. Haji Muhammad and Brothers PLD 1955 Sindh 297,
Haji Sk. Subhah v. Madhorao AIR 1962 SC 1230,
Rawalpindi Cooperative Bank Limited v. Muhammad Riaz Khan PLD 1966 Lah. 912,
Qadecr Ahmad Siddiqui v. Ranizan Ali PLD 1977 Kar. 273,
Kamalajammanni-Avaru v. Special Land Acquisition Officer AIR 1985 SC 576,
Bhag Singh v. Union Territory of Chandigarh AIR 1985 SC 1576,
Rameshwar Dayal v. State AIR 1986 All. 81,
State of Punjab v. Mohinder Singh AIR 1987 SC 758,
Union of India v. Raghubir Singh AIR 1989 SC 1933,
Deputy Commissioner v. Mahrab 1988 CLC 1119
|
| Laws Involved |
Land Acquisition Act, 1894,
Civil Procedure Code (V of 1908)
|
| Sections |
28,
23,
28A,
26(2),
152
|