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Petitioner: KARACHI DEVELOPMENT AUTHORITY VS Respondent: Haji GHULAM ALI AND 58 OTHER
Court Name: Sindh High Court Judge(s): Abdul Hayee Qureshi, Syed Sajjad Ali Shah Title: KARACHI DEVELOPMENT AUTHORITY vs Haji GHULAM ALI AND 58 OTHER Case No.: High Court Appeal No. 72 of 1981 Date of Judgment:1982-02-08 Reported As: 1982 CLC 1894 Result: N/A
Judgment ORDER ABDUL HAYEE KURESHI, ACTG. C. J.-While Mr. Khalil-ur---Rahman stated that the amount payable has not been determined, Mr. Hussain Adil mooted a proposal that admittedly decree of the learned Single Judge awards compensation at the approximate rate of Rs. 15,000 per acre. And further the land acquired in Deh Gangrio was 120 acres. Mr. Khalil-ur-Rehman's, could not controvert this statement. In such circumstances, the least that is required by the appellant A is to deposit in court a sum of Rs. 1'5,00,000 on account of the difference in compensation in respect of the land in Deh Gangrio. The next point urged by Mr. Hussain Adil was that the decree also carries interest at the rate of six per cent. It is common ground between the parties that the possession was taken in 1954. In these circumstances, at least ten years interest, amounting to sixty per cent. Of the principal amount payable should, for the present be deposited. We direct that the appellant shall deposit a sum of Rs. 15,00,000 (original amount of compensation) plus a sum of Rs. 9,00,000 as and towards interest. A total sum of Rs. 24.00,000 shall be deposited by the appellant within two months from today and, on such deposit being made, the decree shall not be executed, as otherwise execution to proceed without notice. We must record that Mr. Khalil-ur-Rehman's had requested for the facility of furnishing Bank Guarantee, but we are not inclined to allow such a request, as no grounds have been made out in support of it. K. M. A.