MALIK HAQ NAWAZ, J.--- The precise facts of the case in hand are that in the year 2013 a development scheme titled "Construction of Truckable Road from Zulfiqarabad to KIU Bridge" was launched and after completion of all the codal formalities private land measuring 12 Kanals, 17 Marlas cultivated and 02 Kanals, 18 Marlas, uncultivated land was acquired and compensation to the land owners was paid on 19/06/2013.
2. On 02/09/2013, the respondents/plaintiffs filed a Civil Suit in the Court of learned Civil Judge No.2 Gilgit for recovery of compound interest from 19/06/2013 to 20/04/2008 at the rate of 08% and also interest at the prevailing bank rates, till payment is made to them.
3. On 28/03/2015 the learned District Attorney filed an application under Order VII, Rule 11 for rejection of plaint mainly on the ground that the matter falls within the domain of collector under section 18 of Land Acquisition Act, 1894 and Civil Court has no jurisdiction to entertain a suit. The arguments were heard by the learned Civil Judge and the application under Order VII, Rule 11 was dismissed on 28/03/2015.
4. Being aggrieved from the order of learned Civil Judge, the Provincial Government filed Civil Revision Petition No. 08/2015 in the Court of learned District Judge Gilgit, who entrusted the same to learned Additional District Judge. The learned Additional District Judge by means of an Order/Judgment dated 05/10/2015, dismissed the revision petition filed by the Provincial Government and upheld the order of learned Civil Court dated 28/03/2015.
5. The learned Assistant Advocate General on behalf of Provincial Government filed the instant Writ Petition bearing No.154/2015 on manifold grounds. The main thrust of arguments of the learned Assistant Advocate General is that, Land Acquisition Act, 1894 is complete and exhaustive, which apart from mode of acquisition of land, provides a full mechanism for taking possession of land, measurement of land, assessm ent of value and in case of dispute the remedy is provided through a reference by collector to Civil Court and a Civil Suit under section 9 of C.P.C. was not maintainable. The learned Assistant Advocate General further submitted that both the Courts below fell in error to interpret the law in its true perspective and prays that orders of both the Courts below be set aside in the interest of justice. Reliance was placed on 2005 MLD 168 (Lahore).
6. On the other hand the learned counsel for the respondents submits that under section 34 of Land Acquisition Act, collector is not a proper authority to determine the amount of interest and the party aggrieved has two alternate remedies either to approach the Civil Court or to invoke the jurisdiction of Chief Court by filing a writ petition. The counsel for respondents prays that the concurrent findings of both the Courts below, being based on well reasoning and judicial appreciation of law be maintained. The learned counsel relied on PLD 1960 (W.P) Lahore 972.
7. We heard the parties at a considerable and perused the record of the case with their able assistance for the purpose of resolving the controversies the relevant provisions of land acquisition, i.e. Section 18 and section 34 are produced as under:- "Section 18 reference to Court.---(1) Any person interested who has not accepted the award may, be written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection to be the measurement of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interest."
"Section 34, payment of interest.--- When the amount of such compensation is not paid or deposited on or before taking possession of the land, the Collector shall pay the amount awarded with interest thereon at the rate of six per centum per annum from the time of so taking possession until it shall have been so paid or deposited."
8. A careful study of above provisions of Land Acquisition Act, 1894, shows that claim of interest does not fall within the purview of section 18 and the aggrieved party has independent remedies by way of filing a suit or by invoking the writ jurisdiction of the Chief Court. Needless to say that interest is an additional relief, which is not included in the compensation and the collector if fails to disburse the amount to the land owners or to deposit it in the Court and in case of his failure the aggrieved party would be at liberty to seek remedy to file a regular suit in Civil Court or to invoke jurisdiction of Chief Court. The wisdom is drawn from the facts reported in PLD 1960 Lahore 972. The relevant citation is re-produced as under:- "Land Acquisition Act (I of 1894), Ss.11 & 34---Collector not proper authority to determine amount of interest under S.34.
Under section 11 of the Land Acquisition Act, 1894 the Collector only determines the area of the land, the compensation which is to be allowed "for the land" and for the apportionment of such compensation. The section does not say that he has to assess the amount of interest to be awarded. If the Collector failed to pay the compensation awarded, the party will have to file a suit.
Similar is the case with interest claimed under section 34 of the Act. The Act does not provide any machinery for its assessment or realization. It only gives a direction that interest is to be paid and if it is not paid, the party concerned would have to file a suit or invoke the writ jurisdiction of the High Court for its realization."
The same view was taken by the Supreme Appellate Court Northern Areas in a judgment reported in 2008 CLC 1247, which speaks as under:- ---Ss. 18 & 34---Northern Areas Council Legal Framework Order, 1994, Art. 19-A---Petition for leave to appeal---Acquisition of land---Interest on amount of compensation---Claim for---Collector, while making the payment of amount of compensation having failed to pay interest on the amount of award, affectees/landowners aggrieved by said non-payment of interest filed a writ petition before the Chief Court which was allowed---Validity---Interest to be paid on the compensation amount, was not inclusive in the compensation, but was an additional relief and its realization was out of the ambit of reference under S.18 of Land Acquisition Act, 1894---Collector concerned if failed in obligation, either to disburse the amount of compensation to the landowners or to deposit it in the court, after taking possession of the property under award, was bound to pay the interest to the landowners from the date of taking possession till payment/deposit of compensation money as envisaged in S.34 of Land Acquisition Act, 1894--- Interest was not paid in the present case, and thus, the party concerned had a right to file a regular suit or invoke writ jurisdiction for its realization---No bar in the present case existed to invoke writ jurisdiction for realization of interest money by respondents/ landowners---Supreme Appellate Court dismissed the petition for leave to appeal in circumstances."
9. It is observed with great deal of concern and the same is to be admitted with a pinch of salt by the authorities, which are at the helm of these affairs that almost all in cases of land acquisition the compensation awarded to the land owners get disbursed after inordinate delay or whenever a civil suit for compound interest, payment of less compensation is filed, these cases are always dealt with by the State functionaries, representing Govt. and even by the Court in a lethargic behavior drop an inkling that the theme running in the backdrop of these matters which hang fire for a considerable length of time owes its genesis into something foul and fishy. This delay occurs on purpose constringe the Government exchequers, early since the amount in thousands owing to lapse of time swells into lacs and those if lacs extends into crores the adage "a penny saved is a penny earned." Holds currency for both the household expenditures and the government exchequers the general masses, who pockets are squeezed by means of various taxes and all these gets accumulated as a resultant affect is spent on various development projects, by paying off uncalled for exorbitant amount of compensation, the light of many others even to basic amenities gets impeded, the Chief Secretary having the concerned person is hereby directed to devise a mechanism to ensure the speedy and expeditious disposal of matters pertaining to the payment of compensation.
10.A copy of this judgment be sent to Chief Secretary for information/compliance.
11.The learned Assistant Advocate General failed to point out any legal infirmity in the concurrent findings of two Courts below. The writ petition filed by the Provincial Government is dismissed being meritless.