Law:

Section:

Land Acquisition Act (I of 1894)-------Ss. 4, 6, 11 & 23---Specific Relief Act (I of 1877), Ss. 42 & 54---Acquisition of land---Compensation award, non-payment of---Effect---Plaintiffs filing suit for declaration, compensation and permanent injunction---Propriety---Commercial land owned by plaintiff was utilized by the Government/appellant for construction of a road after issuing notices under Ss. 4 & 6 of Land Acquisition Act, 1894, but thereafter neither any land acquisition officer was appointed nor any lawful award for compensation was ever paid---Concerned quarters acted irresponsibly in the matter of determining and making payment of compensation to the plaintiffs, which served no other purpose but to complicate the issue and open a new venue for litigation---Plaintiffs in such circumstances were justified in filing a suit for compensation and damages against the Government for the loss suffered by them due to their unlawful act of utilization of an area owned by plaintiffs---Disputed land was commercial land containing petrol pump and trees etc.---Utilization/acquisition of plaintiffs' land by the Government was proved from the record and compensation in such regard awarded by courts below was also appropriate---Appeal was dismissed in circumstances. Nadeem Azhar Siddiqui, Advocate Supreme Court for Appellants. Rasheed A. Rizvi, Senior Advocate Supreme Court and M. Saleem Mangrio, Advocate Supreme Court for Respondents Nos.1 and 2. Ex parte for Respondent No.7. Zameer Ahmed Jakhrani, A.C. Gambat, Dr. Shezah, A.C. Sobodero and Muhammad Nawaz Karwar, Service Supdt. on Court's Notice. Date of hearing: 17th May, 2013. ORDER ANWAR ZAHEER JAMALI, J.---By this civil appeal, with leave of the Court vide order dated 31-3-2010, the appellants have challenged the order dated 20-7-2009, passed by learned Single Judge in chambers of the High Court of Sindh, Sukkur Bench, in Civil Revision No.75 of 2006, whereby the said civil revision having been found misconceived was dismissed, and costs of Rs.50,000 was also imposed. 2. A brief resume of relevant facts is that on 24-12-2001, the respondents Nos.1 and 2/plaintiffs brought a suit for declaration,…

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