| Citation(s) |
|---|
| 1980 SLG 221 1980 SLD 221 1980 SCMR 265 |
Supreme Court of Pakistan
Civil Petitions for Special Leave to Appeal Nos. K 37, K 50 and K 55 of 1978, decision dated: 16-01-1980.
ANWARUL HAQ, C.J., G. SAFDAR SHAH AND NASIM HASAN SHAH, JJ
Jan Muhammad Dawood, Advocate with Ali Akbar, Advocate on-Record. Nemo. Riaz Hashmi, Advocate instructed by Ahmad-ullah Farooqi, Advocate on-Record. Nemo . Riaz Hashmi, Advocate, instructed by Ahmadullah Faruqi, Advocate on-Record. Nemo.
Civil Petitions for Special Leave to Appeal Nos. K 37, K 50 and K 55 of 1978, decision dated: 16-01-1980.
ANWARUL HAQ, C.J., G. SAFDAR SHAH AND NASIM HASAN SHAH, JJ
Jan Muhammad Dawood, Advocate with Ali Akbar, Advocate on-Record. Nemo. Riaz Hashmi, Advocate instructed by Ahmad-ullah Farooqi, Advocate on-Record. Nemo . Riaz Hashmi, Advocate, instructed by Ahmadullah Faruqi, Advocate on-Record. Nemo.
Civil No. K- 37 of 1978 QASIM DADA
VS
COLLECTOR OF KARACHI. Civil No. K- 50 of 1978 Mir IMAM BAKHSH AND OTHERS vs THE COLLECTOR & LAND ACQUISITION OFFICER AND OTHERS AND Civil No. K- 55 of 1978 Mir IMAM BAKHSH ZAHRI vs THE COLLECTOR & LAND
Law:
Section:
Constitution of Pakistan (1973)----Art. 185(3) read with Land Acquisition Act (I of 1894), S. 23(2)¬Compensation Assessment of compensation payable to petitioners found to have been rightly and fairly made by High Court No justification made out for interference. JUDGMENT ANWARUL HAQ, C. J. This order will dispose of Civil Petitions for Special Leave to Appeal bearing Nos. K 37, K 50 and K 55 of 1978, which involve common questions of law and fact. The petitioners in these cases are owners of land situate in two villages, named Deh Phiai and Deh Dieh in the Karachi district, which was acquired by the Provincial Government for the establishment of the Korangi Township. In the ease of the first named village the relevant notifications under sections 4 and 6 of the Land Acquisition Act were issued on the 17th of September, 1960 and the 18th of October, 1960. By the Collector's award made on 18 7 1961, compensation was awarded at the rate of Rs.3,500 per acre, besides 15 % statutory allowance and interest at the rate of 6 % per annum as admissible under the law. Petitioners felt dissatisfied with this rate of compensation, and filed a reference under section 18 of the Act, which was decided by a learned Single Judge of the High Court of Sindh and Baluchistan by his judgment dated the 9th of May, 1969, and the rate of compensation was enhanced from Rs. 3,500 per acre to Rs. 5,000 per acre. The land owners were still not satisfied and, accordingly, they filed an appeal under the Letters Patent. The learned Judges of the Letters Patent Bench have, by their judgment dated the 26th of September, 1977, enhanced the compensation further to Rs. 6,000 per acre for land situated in this village. The petitioners contend that even this rate of compensation is too low, and that they are entitled to at least Rs. 14,000 per acre. As regards land situated in the second village Deh Dieh the relevant notifications were issued on the 7th of March, 1962 and the 13th of June, 1962 respectively. The Collector fixed the rate of compensation at Rs. 6,000 per acre. In the reference under section 18 of the Land Acquisition Act, a learned Judge of the High Court enhanced the rate of…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492