Case Details

Citation(s)
1996 SLG 1465 1996 SLD 1465 1996 CLC 1244
Sindh High Court
Constitutional Petition No. D-113 of 1995, decision dated: 28-11-1995. dates of hearing: 27th and 28-11-1995
GHULAM HAIDER LAKHO AND DR. GHOUS MUHAMMAD, JJ
Afzal Ahmed for Petitioners. Ahmed Ali Memon for
Respondent No. 1. Abdul Latif Ansari, Asstt.AG. for
Respondents Nos.2 and 3

Mir MURAD ALI and .10 others

VS

SINDH SEED CORPORATION and 2 others

Law:

Section:

Land Acquisition Act (I of 1894)-------S. 23---Constitution of Pakistan (1973), Arts. 24 & 199---Compensation for acquired land---Collector's award---References against award of compensation were filed by both land-owners as also by Corporation for whose benefit land in question had been acquired---Corporation's reference for reduction of amount of Award was dismissed while land-owners' reference for enhancement of amount of compensation was still pending---Land-owners claimed deposit of amount awarded by Collector in Collector's Office by recipient of land (Corporation) and for distribution of same among shareholders under protest---Collector's power to direct Corporation for whose benefit land. in question, had been acquired to deposit Award amount in his-office for distribution among owners of land---Mere pendency of reference at the instance of land-owners before Acquisition Court was no bar for claiming that amount which was determined by Collector after due enquiry---Award given by Collector was merely a tender as to what sum Government through its agent viz. Collector was, willing to pay to claimants---Government and claimants were not bound to accept the same but tender of amount of Award was binding on the Corporation for whose benefit land was acquired---Financial crisis faced by recipient Corporation was hardly a cogent reason for non-deposit of Award amount---Once land-owners were deprived of their property although in accordance with law yet they were legally entitled to be paid compensation---Constitution regards right to property as a Fundamental Right and no body can be deprived of it without compensation--­Land Acquisition Act, 1894, itself recognizes principle of compensation and prescribes mode for determining of price of land acquired under the Act--­Corporation (recipient of land) was thus, under legal obligation to pay for the value fixed by Collector---Corporation was directed to deposit balance amount within two months of the Order in Collector's Office for its payment to claimants. JUDGMENT DR. GHOUS MUHAMMAD, J.---The petitioners have prayed for a directive against the respondents Nos. 1, 2 and 3 to place the amount of compensation…
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