Case Details

Citation(s)
2018 SLG 2473 2018 SLD 2473 2018 YLR 2420
Sindh High Court
Civil Revision Application No. 44 of 2018, decision & hearing Dated: 05-03-2018.
AGHA FAISAL, JUSTICE
Allah Bachayo Soomro, Additional A.G for Applicants. Imran Qureshi, Advocate for
Respondents Nos.2 and 3.

GOVERNMENT OF SINDH THROUGH SECRETARY TO GOVERNMENT AND ANOTHER

VS

LAND ACQUISITION OFFICER AND 3 OTHERS

Law: Civil Procedure Code (V of 1908)

Section: O.XVIII,R.18

Law: Land Acquisition Act, 1894

Section: 4,18,54

Civil Procedure Code (V of 1908)--- ----O. XVIII, R. 18---Land Acquisition Act (I of 1894), Ss. 18, 4 & 54---Reference to court---Inspection of suit property---Interlocutory order---Remedy---Defendants moved application for inspection of acquired land but same was dismissed---Validity---Impugned order had been passed on an interlocutory application---Interference in such order could only be merited in exceptional or extraordinary circumstances---No provision of appeal against the interlocutory orders had been provided within the purview of Land Acquisition Act, 1894---Final order was subject to appeal under the provisions of S.54 of Land Acquisition Act, 1894---Any detriment suffered by the applicants by virtue of impugned order, if any, could be agitated in an appeal against the final order in the proceedings---Interference of Court at such stage in presence of such remedy to the applicants was not merited---No extraordinary or exceptional circumstances had been demonstrated by the applicants to exercise jurisdiction in such regard---Evidence had already been recorded by the Trial Court---Order for inspection of acquired land at present stage would be futile---No illegality or irregularity had been pointed out in the impugned order passed by the Trial Court---Revision was dismissed in circumstances. Mst. Hanifa Bibi v. Munawar Ahmad 2004 SCMR 1521; Province of Sindh through Collector of District Dadu and others v. Ramzan and others PLD 2004 SC 512; Land Acquisition Collector and others v. Mst. Iqbal Begum and others PLD 2010 SC 719; Messrs A.R. Builders (Pvt.) Ltd. v. Faisal Cantonment Board and 4 others PLD 2004 Kar. 492; Muhammad Juman and another v. Mst. Aqlan and 02 others PLD 1980 Kar. 108 and Muhammad Ismail and others v. Malik Muhammad Shafi and others 1992 CLC 2060 ref. Khalid Mehmood through Special Attorney v. Judge Family Court, Faisalabad and another 2010 YLR 336 and Muhammad Baran and others v. Member (Settlement and Rehabilitation) Board of Revenue, Punjab and others PLD 1991 SC 691 rel. THIS ORDER PASSED BY: AGHA FAISAL, JUSTICE:---.--- This revision application was filed impugning the order dated 09.12.2017 (hereinafter referred to as the…
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