2005 PLP 69 (MLD)
IMAMUDDIN SHAH through Attorney- — Petitioner Versus DEPUTY DISTRICT OFFICER (REV.) AND LAND ACQUISITON COLLECTOR SANGHAR and another — Respondents
| Citation | 2005 PLP 69 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | IMAMUDDIN SHAH through Attorney- — Petitioner Versus DEPUTY DISTRICT OFFICER (REV.) AND LAND ACQUISITON COLLECTOR SANGHAR and another — Respondents |
Q1: What are the key laws and sections cited in 2005 PLP 69 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 69 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 69 (MLD) (IMAMUDDIN SHAH through Attorney- — Petitioner Versus DEPUTY DISTRICT OFFICER (REV.) AND LAND ACQUISITON COLLECTOR SANGHAR and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Imran Qureshi for Petitioner.
- 2. Through this petition, the petitioner claims that they received the amount of compensation from the respondents, but such compensation did not include the amount of solutiums under sections 28A and 34 of the Land Acquisition Act. This fact has not been disputed by the learned Additional Advocate-General that the award does not include the amount of solutiums. He, however, submits that this petition is hit by laches as the last payment was made on 23-11-1998 and the petitioner slept over his right and did not claim solutiums, therefore, he was not entitled to the grant of solutiums. He further submits that even otherwise the petitioner has not preferred any reference and on that score alone the petition was not maintainable.
Headnotes / Summary
Ss.4, 28-A & 34
Constitution of Pakistan (1973), Art.199
Constitutional petition
Payment of amount of compensation as per award
Claim for amount of solutiums--Grievance of petitioner was that though he had received amount of compensation of the acquired land from the Authorities, but such compensation did not include amount of Solutiums under Ss.28-A & 34 of Land Acquisition Act, 1894
Authorities had not disputed the fact that award did not include amount of Solutiums, but Constitutional petition of petitioner was resisted on ground that it was hit by laches-- Validity
Law required the Collector to deposit amount of compensation in Court, which had not been done in the case
As long as the amount ,was unpaid by Acquiring Agency to the party entitled to be compensated, question of limitation or laches would not come in way of said party
Petition was allowed with direction to Collector to calculate Solutiums under Ss.28-A & 34 of Land Acquisition Act, 1894 from the date of Notification under S.4 of said Act till the last payment was made within specified period.
Judgment & Decree
Ss.4, 28-A & 34
Constitution of Pakistan (1973), Art.199
Constitutional petition
Payment of amount of compensation as per award
Claim for amount of solutiums--Grievance of petitioner was that though he had received amount of compensation of the acquired land from the Authorities, but such compensation did not include amount of Solutiums under Ss.28-A & 34 of Land Acquisition Act, 1894
Authorities had not disputed the fact that award did not include amount of Solutiums, but Constitutional petition of petitioner was resisted on ground that it was hit by laches-- Validity
Law required the Collector to deposit amount of compensation in Court, which had not been done in the case
As long as the amount ,was unpaid by Acquiring Agency to the party entitled to be compensated, question of limitation or laches would not come in way of said party
Petition was allowed with direction to Collector to calculate Solutiums under Ss.28-A & 34 of Land Acquisition Act, 1894 from the date of Notification under S.4 of said Act till the last payment was made within specified period. Imran Qureshi for Petitioner. Masood A. Noorani, Addl. A.-G. along with Muhammad Chuttal, Executive Engineer, Thar Division and Nadeem-ur-Rehman Memon, DDO(R)/LAO, Sanghar. This petition was fixed for Katcha Peshi. By consent it is admitted to regular hearing and is being disposed of as short point is
2. Through this petition, the petitioner claims that they received the amount of compensation from the respondents, but such compensation did not include the amount of solutiums under sections 28A and 34 of the Land Acquisition Act. This fact has not been disputed by the learned Additional Advocate-General that the award does not include the amount of solutiums. He, however, submits that this petition is hit by laches as the last payment was made on 23-11-1998 and the petitioner slept over his right and did not claim solutiums, therefore, he was not entitled to the grant of solutiums. He further submits that even otherwise the petitioner has not preferred any reference and on that score alone the petition was not maintainable.
3. Admittedly, the award does not include the solutiums under sections 28A and 34 of the Land Acquisition Act. The law requires the Collector to deposit the amount of compensation in Court, which has not been done. As long as the amount is unpaid, by the acquiring agency to the party required to be compensated the question of limitation or laches will not come in their way.
4. We are also fortified by the judgment dated 12-5-2004 of this Court passed in Constitutional Petition No.D-109 of 2004, wherein this Court has taken identical view on the same facts. We, therefore, allow this petition and direct the Collector to calculate the solutiums under sections 28.4 and 34 of the Land Acquisition Act from the date of Notification under section 4 till the last payment was made. The solutiums amount shall be calculated by the Collector within one month from today and payment shall be made to the petitioner within ten weeks thereafter by the acquiring agency through Collector or otherwise. H.B.T./I-18/K Petition allowed accordingly.