ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Constt: Petition No.D- 440 of 2013.

DATE ORDER WITH SIGNATURE OF HON’BLE JUDGE

1- For orders on office objection at Flag “A”

2- For Katcha Peshi.

12^th. February, 2016.

Mr. Ali Gul Abbassi, Advocate for petitioner.

Mr. Shahryar Imdad Awan, Asstt: A.G.

Mr. Zubair Ahmed Rajput, Advocate for Respondents No.4 to 6.

Through instant petition, the petitioner has alleged that respondents inspite of having acquired the land of petitioner did not pass any Award or paid any compensation for acquiring such land as per Land Acquisition Act.

Pursuant to Court notice, comments have been filed by the respondent No.3, wherein the claim of petitioner is seriously denied, whereas, it has been categorically stated that petitioner’s land was acquired after completion of all codal formalities and due process of law, whereas, compensation was also paid to petitioner. Along with comments filed by respondents, an affidavit duly sworn of the petitioner is also annexed, wherein it has been stated that an amount of Rs.36,60,139/- has been received towards compensation as a final settlement.

Today learned Counsel for respondents No.4 to 6 has also placed the copy of Award dated 2.4.2001 issued by Assistant Commissioner/ Land Acquisition Officer, Ghotki. In view of herein above facts, we are of the opinion that claim of the petitioner appears to be misconceived, whereas, disputed facts have been agitated in the petition, which cannot be examined by this Court while exercising Constitutional jurisdiction under Article 199. Moreover, petitioner has the remedy to challenge such Award or amount of compensation by filing Reference U/s 18 of the Land Acquisition Act. Accordingly instant petition stands dismissed.

JUDGE

JUDGE

A.R.BROHI