Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973-- ----Art. 199--Construction of additional flyover--Acquisition of land--Award for acquisition was not made--Appointment of commission--Report of local commission--Determination of compensation--Primary responsibility of respondents Nos. 2, 3 and 4--Direction to--Simple question before this Court is regarding failure on part of respondents to reimburse petitioners with compensation due to them under law for acquisition which took place in year 1997--It is case of NHA that at that time acquisition was made by Punjab Highway Authority and NHA was not empowered under law to do so--Primary responsibility lies with Respondents No. 2, 3 and 4 for undertaking proceedings for determination of compensation and for making of award in favour of petitioners--Parties are not at issue on this basic question and so necessary respondents ought to fulfill their obligations under law expeditiously and with all deliberate speed--Petition allowed. ORDER The constitutional petitions W.P. No. 664 of 2014, W.P. No. 2596 of 2014 and W.P. No. 2035 of 2019 have common facts and seek the same relief viz. the compensation for the land acquired by the National Highway Authority (NHA) for the construction of Additional Flyover No. 19-A, LIMP, NHA. 2. The learned counsel for the parties have been heard. The counsel for NHA does not take cavil of the primary right of the petitioners to be compensated for the acquisition of land which has already taken place and the project too has been completed. It is common ground between the parties that the award for acquisition has not been made. This Court has on the previous dates of hearing appointed two Commissions for various purposes. However, I do not find it expedient to refer to the reports of the Commission nor it is necessary to do so. The simple question before this Court is regarding the failure on the part of…

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