ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Constt: Petition No.D-        2606   of 2010

DATE                         ORDER WITH SIGNATURE OF HON’BLE JUDGE

 

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

2-     For Katcha Peshi.

3-     For hearing of CMA.No.7152/2010 (Stay)

 

10th. February, 2016.

 

                        Mr. Shaikh Amanullah, Advocate for petitioner.

                        Mr. Noor Hassan Malik, Asstt: A.G.

 

                        Through instant petition, the petitioner has impugned the construction of District Jail, Ghotki, which according to petitioner has been constructed over the land of petitioner.

                        Instant petition was filed in the year, 2010, whereafter, it has been reported that now the jail has been constructed over the subject land, whereas, learned Asstt: A.G submits that the claim of the petitioner is bogus as the jail has been constructed over government land (as per jail authorities). Learned Asstt: A.G further submits that at the request of petitioner the date was fixed for demarcation of said land, however the petitioner refused for such demarcation and has not produced any document.

                        While confronted with such position and the disputed facts agitated through instant petition, learned Counsel for the petitioner submits that the land belongs to the petitioner, which has been illegally acquired by the respondents, and jail has been constructed and even no compensation has been paid to the petitioner. It has been submitted by the learned Counsel for the petitioner that petitioner will not press instant petition and may seek remedy in accordance with law by approaching the appropriate forum / Court of civil jurisdiction for determination of his entitlement and seek the compensation from the government under Land Acquisition Act.

                        Accordingly, instant petition stands dismissed along with listed application as not pressed. However, the petitioner will be at liberty to seek remedy in accordance with law by approaching the appropriate forum/court of civil jurisdiction for determination of his entitlement over the subject land.  The authorities/ court in case of any delay in filing such proceedings by the petitioner may consider the request of the petitioner for condonation of such delay sympathetically in accordance with law.

 

JUDGE

JUDGE

A.R.BROHI