Demolition of house

2014 MLD 356 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Award of damagesConditionsDemolition of houseCompensationQuantum of compensationDeterminationRule of thumbApplicabilityDevelopment Authority/defendant demolished plaintiff's house

Plaintiff challenged demolition of house before High Court, whereby the High Court declared the demolition illegal and directed to approach competent court of law for adequate compensation

Suit for damages filed by plaintiff was dismissed by Trial Court

Appellate Court allowed appeal of the plaintiff and awarded compensation along with interest thereon

Appellate Court after thrashing out the entire record and evidence had come to the conclusion that specific amount would be the correct amount for granting compensation to the plaintiff in respect of the agonies suffered

Validity

Awarding of damages was always the discretionary power of the court and such power had to be exercised keeping in view the facts of each case

No exact amount of compensation could be calculated and only a tentative assessment had to be made keeping in view the evidence produced by the plaintiff and rule of thumb could be applied in this regard

Claim of money as nearly possible to damages suffered by the plaintiff are to be granted

Defendant admitted the fact that without proper application of law they had demolished the property of plaintiff

Plaintiff had proved that she was entitled for compensation

Compensation awarded by the Appellate Court keeping in view all the attending circumstances, evidence, documents and other material appeared to be reasonable and no interference in this regard was warranted

Revision application was dismissed.