| Case ID |
ec9b24f9-16b5-490a-b7e8-1a8abee0c666 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 148-K of 1991 |
| Decision Date |
Apr 15, 1992 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal, restoring the order of the learned District Judge for payment of additional compensation as provided by section 28-A of the Land Acquisition Act. The Court underscored the mandatory nature of section 28-A, which entitles the appellant to an additional 15% per annum from the date of notification under section 4 until compensation is paid. The ruling emphasized that the failure to grant this compensation was an unintentional omission by the previous courts. The appeal was allowed with no order as to costs. |
| Summary |
In the landmark case of Syed Saadi Jafri Zainabi vs. Land Acquisition Collector, the Supreme Court of Pakistan addressed critical issues surrounding compensation for land acquisition under the Land Acquisition Act. The case arose after the appellant's land was acquired, and the compensation awarded fell short of the statutory entitlements outlined in section 28-A of the Act, which mandates additional compensation to discourage delays in payment. The Court's decision reaffirmed the importance of judicial correction for inadvertent omissions, ensuring that parties are not unfairly disadvantaged due to clerical errors. This ruling underlines the necessity for timely compensation and reinforces the legal framework that protects the rights of landowners in acquisition cases. The case serves as a precedent for future disputes involving land compensation, highlighting the Court's commitment to upholding justice and equitable treatment for all parties involved. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN,
SAJJAD ALI SHAH,
SALEEM AKHTAR
|
| Lawyers |
Abdul Majeed Khan, Advocate Supreme Court,
Faizanul Haq, Advocate-on-Record for Appellant,
J.H. Rahimtoola, Advocate Supreme Court,
AA. Dastgir, Advocate-on-Record for Respondent
|
| Petitioners |
Syed SAADI JAFRI ZAINABI
|
| Respondents |
LAND ACQUISITION COLLECTOR,
ASSISTANT COMMISSIONER
|
| Citations |
1992 SLD 413,
1992 PLD 472
|
| Other Citations |
Bank of Credit & Commerce International (Overseas) Limited v. Ms. Ali Asbestos Limited and others 1990 MLD 130,
Ram Singh v. Sant Singh and others AIR 1930 Lah. 210,
Raj Raj Bahadur Singh v. Shatranjai AIR 1942 Oudh 226,
Abdul Khaliq v. Bashir Ahmed and others 1987 SCMR 1029,
The Chief Land Commissioner, Sindh v. Ghulam Hyder Shah and others 1988 SCMR 715,
Province of East Pakistan and others v. Sharafatullah and others PLD 1970 SC 514
|
| Laws Involved |
Land Acquisition Act (I of 1894),
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1898)
|
| Sections |
28-A,
185(3),
152
|