Law:

Section:

Land Acquisition Act (I of 1894)---S.11---Constitution of Pakistan (1973), Art. 185(3) ---Acquisition of land---Compensation -----Raising of new plea----- Government had acquiesced in the award by making payment so fixed to seven landowners without any reservation but withheld the same as regards the respondents---- Trial Court decreed the suit for compensation of the land so acquired by the Government and the passed by the Trial Court was maintained by the High Court--- Validity ---Supreme Court observed that it was rather climax of the paradoxical position of the Government who willingly and unhesitatingly paid the amount of compensation to seven Khatedars and withheld the same as regards the respondents without any justification---Government raised plea of the suit being time-barred, whereas no such plea was raised earlier--­Government was not expected to raise such frivolous and hypertechnical pleas before Supreme Court after having miserably failed in meeting its statutory and legal obligations towards the citizens once their land was acquired for public purpose---Agency/the Government was duty-bound to ensure payment of reasonable compensation to the owner of land and not to seek shelter behind technical objections---Supreme Court declined to interfere with the passed by High Court---Leave to appeal was refused. JUDGMENT RANA BHAGWANDAS, J.---Leave to appeal is sought against the Sindh High Court judgment, dated 3-10-2000 in First Civil Appeal arising out of a judgment and decree passed by Senior Civil Judge, Naushero Feroze in a suit for recovery of compensation amount in respect of lands acquired for public purposes. ' 2. Respondents being owners of 19.13 acres of land in Taluka and District Naushero Feroze out of 41.25 acres acquired by the petitioner Government for construction of the Public School at Naushero Feroze sued the petitioners for award of compensation as determined by the Land Acquisition Collector Naushero Feroze at the rate of Rs.80,000 per acre. In the first instance compensation was worked out at Rs.30,000 per acre. but as the said award was defective and inconclusive for want of notice under section 12 of the Land Acquisition Act,…

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