Shorthand Passage #45 PDF Legal / Court Matter by M Junaid Khan

LEGAL SHORTHAND PASSAGE / LEGAL MATTER  

Total Words= 360    Dated:      26/11/2020     @PSTC Academy, Peshawar 
Prepared by: M Junaid Khan, SS Stenographer, Civil Secretariat, KP Peshawar. 
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PASSAGE ENGLISH

The learned reference Court accepted the objection petition of the plaintiff and objectors/Petitioners are held entitled to the compensation Rs. 70, 000/- (Seventy Thousands) Per Marla on 21 December, 2012.

2.      Feeling aggrieved from the decision of the learned Referee Court, the Higher Education Department, filed Regular first appeal (RFA) before the Honorable Peshawar High Court, Peshawar against, the decision of the learned referee Court Peshawar and the objectors filed Cross-Objection No. 3-P of 2014 for enhancement of compensation amount.

3.      The Peshawar High Court, Peshawar after hearing arguments dismissed both regular first appeal (RFA) and connected cross objections on 2^nd November, 2017. Both, the department    and     the landowners, filed Civil Appeals in Supreme Court of Pakistan against the judgment of Peshawar High Court, Peshawar, which has been decided by the Supreme Court on 9^th July, 2020.The evidence on the record confirms that the two courts below were correct in its determination of the compensation to be awarded to the landowners.

 

4.      No error of fact or law could be highlighted in the impugned judgment warranting interference, apart from the omission to award 15% of compulsory charges and 6% simple interest on the unpaid amount of the adjudged compensation from the time of taking possession till it is so paid to the landowners.

5.      Accordingly, Civil Appeal No. 29-P of 2018 is dismissed, while Civil Appeal No. 558, of 2018 is partly allowed, whereby the compensation of Rs. 70,000/- per marla determined by the Referee court and the Peshawar High Court is maintained, while an additional 15% compulsory charges, and 6% simple interest on the unpaid amount of the adjudged compensation from the time of taking possession till it is so paid to the landowners is awarded.

 

6.      It is worth to mention here that landowners have also filed execution petition which is pending before Additional District & Session Judge, and on last date of hearing the court gave direction either to release the decretal amount before next date of hearing i.e. 17^th August, 2020 or face dire consequences in shape of attachment of salaries and judicial custody of official vehicles and building.