Law:

Section:

Land Acquisition Act (Act I of 1894)---- ----Ss. 12 & 25---Specific Relief Act (1 of 1877) S. 42---Suit for declaration challenging validity of survey numbers and alleging non-payment of compensation in the acquisition of land by the Authority was decreed concurrently---Validity--Admitted position was that Award was passed in 1971 mentioning ' all survey numbers and. thereafter the same were mutated in the name of the Authority in the revenue record---Revenue record produced by the plaintiffs showed discrepancies as all three survey numbers were neither collectively mentioned in Form-VII or in the Passbook---Allegation of dispossession during pendency of the suit made by the plaintiff was only of a general nature and the manner in which the alleged dispossession was carried out was not stated and was taken to avoid the _ legal effect of limitation---Notification of compensation was to be published by the provincial government and was to be paid through the provincial exchanger; and the Province was not made a party to the suit---Award reflected that compensation had been paid for the impugned survey numbers and the land was taken for the Airport in 1965 and Award was passed in 1971 with the payment for compensation having been made to the owners---Claim of the plaintiffs was also barred by time---Orders of the courts below were set aside---Revision was allowed, accordingly. 2010 SCMR 115 ref. ORDER FAISAL ARAB, J.---The dispute in the present proceedings has arisen from the suit filed by the private respondents with regard to three Survey numbers i.e. 146, 147 and 267. The suit was filed against the Civil Aviation Authority on the ground that for Nawabshah Airport, this land was occupied without any proper legal acquisition and without payment of compensation. In the written statement, it has been claimed that the land was required for. the Nawabshah Airport in 1965 and therefore a requisition was made and thereafter land acquired through the Province of Sindh through its Land Acquisition Officer who passed the Award on 12-4-1971 and all these three survey numbers have been mentioned in the Award for which compensation has also been paid to the persons who…

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