Law:

Section: 60

P L D 1995 Peshawar 94 Writ Petition No.1095 of 1994, decided on 22nd March, 1995. North-West Frontier Province Urban Planning Ordinance (IV of 1978)--- ----S. 60---Constitution of Pakistan (1973), Art.199---Constitutional petition--Assessment of compensation against acquired land---Appeal against--Limitation---Appeal has to be filed within one month of the order of assessment by Collector and within six weeks where intimation of award is not conveyed to the claimant---Petitioners filing such appeal after about one year of award by Collector---Petitioners were required to explain each day's delay after expiry of period of limitation prescribed for lodging appeal---No plausible reasons however, were furnished for condoning such inordinate delay---Only ground pressed for condonation of delay was illiteracy and ignorance of petitioners which were not recognised grounds for condonation of delay-- Vigilance and swiftness being hallmark of law, petitioners were found to be guilty of gross negligence---In absence of acceptable explanation making out sufficient cause, delay of one year could not be condoned---Appeal against award having been dismissed on ground of laches, no grounds were brought out so as to render decision of Appellate Forum either illegal or void-- Constitutional petition against dismissal of appeal was -not warranted in circumstances. Date of hearing: 22nd March, 1995. JUDGMENT This writ petition is directed against the judgment of Additional Commissioner, Peshawar Division, Peshawar dated 5-12-1993 vide: which he dismissed the appeal of the petitioners (12 in number) as having been barred by law of limitation. In brief, the facts may be stated that land, measuring 152 Kanals and 2 Marlas, was required by Peshawar Development Authority, Peshawar for the construction of Ring Road in Village Landi Akhun Ahmad. Consequently Notification under section 50 of the Provincial Urban Planning Ordinance, 1978 was issued on 2-2-1992 to owners and occupants as also a notice under section 52 of the said Ordinance was issued on 10-2-1992. After considering the material and evidence produced before him, the Collector concerned assessed compensation at the rate…