1. ' By a short order dated 30-10-1998, I had dismissed this Revision Application for reasons to be recorded. Following are the detailed reasons for it.
2. ' This revision arises for order dated 17-8-1995, passed by District Judge Badeen in L.A. Suit No,2 of 1978. Briefly the facts of the case are that the land belonging to the respondents was acquired under Gazette Notification dated 22-8-1974 and the possession was taken over on 8-10-1974. The award was passed on 17-12-1976 and was revised on 19-4-1977 and the final award was announced on 25-4-1978. Thereafter, at the request of the respondents reference was made to the District Judge Badeen which was disposed by judgment dated 14-5-1979 and the decree was passed on 8-4-1979. Subsequently, an appeal was filed in the High Court from the decree dated 8- 4-1979, which was dismissed on 20-4-1988. Thereafter, an execution was filed by the respondents and full decrial amount was deposited in Court on 11-11-1989 by the applicant.
3. ' During the pendency of the appeal before the High Court, the Land Acquisition Act was amended and section 28(A) was added vide Ordinance XXIII of 1984, whereby the additional compensation @ 15% per annum was allowed in the event of the acquisition of the land. In view of this an application was moved by the respondents before the learned District Judge Badeen on 17-8-1991 for review of the judgment dated 14-3-1979 and the decree dated 8-4-1979 with the request for the award of the additional compensation @ 15% per annum under section 28(a) referred to above. This application was allowed by order dated 17-8-1995 and it is against this order that the applicant has filed this revision which is before me today.
4. A perusal of record clearly shows that the notification with regard to the additional compensation was published on 30-9-1984 and at that time the appeal in this case was still pending before the High Court and, thus, it would appear that since proceedings in appeal are continuation of suit the amendment to the Land Acquisition Act became applicable to even these proceedings. However, the learned counsel for the applicant Mr. Ghayasuddin Baig contended :hat since the full compensation had already been deposited by the applicant in the Court the additional compensation under section 28(a) would not be payable to the respondent. I find no force in this argument for the reasons mentioned earlier and whatever doubt one may have in this regard is removed by an. Elaborate and comprehensive judgment of the Honourable Supreme Court in the case of Saadi Jafri Zainabi v. Land Acquisition Collector and Assistant Commissioner (PLD 1992 Supreme Court 472) wherein it is held as follows: ' "A perusal of section 28-A will show that it is mandatory in nature and provides for additional compensation from the date of publication of notification under section 4 to the date of payment of compensation. The main purpose of making this provision is to discourage the tendency to delay the payment of compensation in time and to ensure that the party whose property has been acquired, is duly compensated without unnecessary loss of time. It is the duty of the Collector that on making an award under section 11 he should tender payment of the compensation awarded by him to person entitled to it according to the award unless he is prevented by any reason provided in section 31. In case the party is not available or does not consent to receive, the Collector shall deposit the amount of compensation in the Court to which a reference under section 18 would be submitted. Therefore, after the award has been made there should be no delay in making payment or depositing the compensation in the Court."
5. I, therefore, find no merit in this revision application and accordingly dismiss it and direct that the additional compensation as per section 28-A (Sindh Amendment) Ordinance XXIII of 1984 of the Land Acquisition Act, is payable to the respondents from the date of issue of notification in this regard to the date of the deposit of the compensation in the Court by the applicant.