ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

C.P No. D – 2577 of 2010

Date	Order with signature of Judge

For Katcha Peshi.

02-03-2016

Mr. Dareshani Ali Haider ‘Ada’, advocate for the petitioner.

Mr. Shahariyar Awan, learned A.A.G.

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Learned AAG has raised an objection as to maintainability of the instant petition and submitted that the petitioner, without submitting any title documents of the subject-land, has filed instant petition seeking damages as well as compensation amount for the construction of road from Pir Hayat Shah Noor Pir Road to Village Haji Muhammad Tahir Khuro of deh Bindi Matayo, U.C Pir Hayat Shah, Taluka Sobhodero, as according to petitioner, such land belongs to him, which has not been acquired in accordance with law. Per learned A.A.G, under instructions of A.E.N, Highways Khairpur, said road has been duly constructed on Katcha Track and same is being used by the people of the area, which prima facie, does not belong to any private individual. It has been further stated that if the petitioner approach the concerned authorities with relevant documents, his request for compensation will be considered in accordance with law.

In view of such statement given by learned AAG and comments filed by respondent No.2, A.E.N, Highways Khairpur, learned counsel for the petitioner does not press instant petition and submits that petitioner will approach the concerned authorities/Land Acquisition Officer along with relevant title documents and other record and the respondents may be directed to consider the case of the petitioners in accordance with law and decide the same within reasonable period of time.

Accordingly, instant petition is dismissed as not pressed, however, petitioner may approach the concerned authorities/Land Acquisition Officer within a period of two weeks from the date of dismissal of instant petition, along with relevant title documents and file claim for compensation, which shall be considered strictly in accordance with law, within a period of three months from the date of submission of such application.

Judge

Abdul Salam/P.A