2008 PLP 551 (CLC)

Learned counsel for the petitioner undertakes to file typed copies of the illegible documents within two weeks in the office. 2 to

4. Through this constitutional petition, petitioner seeks directions against the acquisition of properties bearing Survey Nos.348 and 349 (300 square yards) situated in Deh, Dih, Hino Chowrangi, Korangi Road, Karachi said to have been acquired under the Notification, dated 17-6-2003. Petitioner claims compensation under the Land Acquisition Act against the acquisition of the properties. Mr. Manzoor Ahmed, learned counsel for CDGK, Mr. Ahmed Pirzada learned A.A.-G. for Province of Sindh and respondents Nos.7 and 8 contend that the title of the petitioner is still disputed and in cloud; therefore, the question of payment does not arise. It is further pointed out by Mr. Manzoor Ahmed learned counsel that originally the land in question stood in the name of the petitioner; however, regularization of the land has been cancelled under Ordinance No.III of 2001 and since ad interim orders were operating in some of the proceedings and therefore, through letter, dated 17-4-2004 it was directed by the Secretary, Land Utilization Department Government of Sindh that offer of regularization, dated 31-3-2004 is cancelled/withdrawn till further orders. Further necessary action may please be taken immediately under intimation to this department. It is, therefore, contended that until and unless .title of the petitioner is clear the compensation could not be conceded. Mr. Abid S. Zuberi, learned counsel for the petitioner contends that the dispute regarding title to land is between the petitioner and the private respondents whereas the official respondents have nothing to do with the claim of the title. It was urged that the compensation under the Land Acquisition Act may be directed to be deposited in Court, if could not be ordered to be paid to the petitioner. It may be observed that in constitutional petition No.D-1549 of 2003 filed by one Mst. Hameeda Nighat and two others against the Government of Sindh and the petitioner herein. It was observed by a learned Division Bench of this Court vide order, dated 14-5-2004 that `the question as to whether the land claimed by the petitioner falls in Survey Nos.91, 92 and in Survey No.78 and the dispute regarding title to land between the petitioner and respondent No.2 will be decided in civil suit pending on the original side between the parties". The said learned Bench disposed of the petition while observing that "the dispute between the petitioner and the respondent No.2 as to the title to the property could better be resolved in the civil suits proceeding on the original side and further proceeding arising therefrom". In this view of the position at this juncture, it would not be appropriate to make any positive direction or determination as to the title of the petitioner to be entitled for compensation under the Land Acquisition Act. As observed above subject to the decision of the dispute as to the title of the properties in question between the private parties, the compensation could be claimed by the successful party, who may succeed in securing the title of the property ultimately. As regards the concern expressed by the learned counsel for the petitioner that they will be deprived of compensation, it would be ultimately awarded in ease the petitioner succeeds. It may be observed that under the Land Acquisition Act, the acquiring agency is liable to pay the interest on the amount of compensation withheld from the date of acquisition till it is paid. In case, the petitioner succeeds, the Land Acquiring Authority shall be liable to pay such compensation to the party whosoever succeed in securing the title of the disputed property. For the foregoing reasons, the petition stands disposed of together with miscellaneous pending applications. H.B.T./S-115/K Order accordingly.