Law: Land Acquisition Act, 1894

Section: I,6,17,18,34

Law: Constitution of Pakistan, 1973

Section: 24,25

Land Acquisition Act (I of 1894)-------Ss. 6, 17, 18 & 34---Constitution of Pakistan, Arts. 24 & 25---Property rights--Discrimination---Compensation, non-payment of---Compound interest--Petitioner/land owner was aggrieved of non-payment of compensation for his land duly acquired by authorities---Validity---It was duty of functionaries of the Sate to ensure that rights of citizens, particularly the fundamental rights guaranteed under the Constitution should not be trodden or denied---Compensation to be paid to land owner in year 2009/2010 had not been done and the land owner had already suffered a lot on account of non-payment of compensation to him---Delinquent officers in National Highway Authority/Revenue Department were responsible for making losses sustained by/caused to land owner---Compensation had already been paid to other land owners, whose lands were acquired for same public construction project---Non-payment of compensation to petitioner/land owner was act of discrimination---High Court directed acquiring agency/revenue department for expeditious compensation to petitioner/ land owner regarding his acquired land with the benefit of compound interest under S. 34 of Land Acquisition Act, 1894--Constitutional petition was allowed accordingly.Nisar Ahmad Khan and others v. Collector, Land Acquisition; Swabi and others PLD 2002 SC 25; National Highway Authority through Ghulam Mujtaba, G.M, Lahore v. Mazhar Siddique and others 2023 SCMR 493; Syeda Nasreen Zohra (Deceased) through L.Rs and others v. Government of Punjab through Secretary Communication and Works Department, Lahore and others 2022 SCMR 890; National Highway Authority v. Rai Ahmad Nawaz Khan and others 2023 SCMR700 and Human Rights Commission of Pakistan and others v. Government of Pakistan and others PLD 2009 SC 507 rel.Date of hearing: 26th October, 2023.JUDGMENTARBAB ALI HAKRO, J.---Through this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the Petitioner seeks direction to the Respondent No.4 to release compensation amount in respect of land of the Petitioner acquired by National Highway Authority for construction of Khairpur Larkana…