C.P.No.D-6093 of 2009

1. For Katcha Peshi

2. For hearing of CMA-1717/2009

24.02.2016

Mr. Safdar Ali Bhatti Advocate for petitioners.

Mr. Shaharyar Awan, Assistant Advocate General a/w Munir Ahmed Soomro, AEN, Highways Khairpur.

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Learned AAG has raised an objection as to maintainability of the instant petition and submitted that the petitioners, without submitting any title documents of the subject-land, has filed instant petition seeking restraining order for not constructing the road from Khairpur Naro Dhoro to village Imdad Ali Korai, as according to petitioners, such land belongs to them, which has not been acquired in accordance with law. Per learned AAG, under instructions of Munir Ahmed Soomro, AEN, 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 petitioners approach the concerned authorities with relevant documents, their request for compensation will be considered in accordance with law.

In view of such statement given by learned AAG on the instructions of Munir Ahmed Soomro, AEN, Highways Khairpur, learned counsel for the petitioners does not press instant petition and submits that petitioners 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 along with listed application, however, petitioners 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

JUDGE

N.M.