ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constt. Petition No. D- 380 of 2009.

Date	Order with signature of Judge

1. For orders on office objection.

2. For Katcha Peshi.

23.02.2010.

Mr. Faiz Mohammad Larik, Advocate for petitioner.

Mr. Abdul Hamid Bhurgri, Addl. A.G.

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1. In view of the order, that we propose to pass, the office objection need not to be decided.

2. It is contended in the petition that father of the petitioner provided/ donated a plot measuring two acres out of his agricultural land situated in deh Unar, Taluka Kandhkot for construction of Basic Health Unit. It is further stated that in this regard an agreement was signed between father of the petitioner and District Health Officer, Jacobabad on 11.08.1987. It is further stated that in terms of the agreement the plot was to be provided by father of petitioner free of cost and in return employment was to be given to the petitioner upon construction of the hospital. It is stated that hospital was constructed and instead of petitioner some one else was provided employment on 23.4.2009. Consequently, it is prayed that the respondents may be directed to act upon the policy of the government and to provide job/ appointment to petitioner on any suitable post according to his qualifications.

Learned counsel for petitioner referred to the agreement and submitted that plot has been taken by the government under the agreement dated 11.08.1987, and in return employment has not been provided to the petitioner. Instead of petitioner some one else has been given that particular job.

Learned Addl. A.G. submitted that there is a policy of the provincial government in respect of schools that if a plot is donated by a person for construction of school and that is accepted by the government and school is constructed, one nominee of the donor of the plot will be given employment in that particular school. There is no such policy in respect of the health department or basic health units. He also submitted that District Health Officer, Jacobabad, had no authority to enter into an agreement in this regard. This, he submitted without prejudice to his submission that there was no such agreement executed between District Health Officer, Jacobabad and father of the petitioner.

We have considered the submissions made by the learned counsel and have gone through the record. Agreement dated 11.08.1987, is signed by the District Health Officer and owner of the land. The agreement states that plot No. 351, whose owner is Rahim Yar Khan (father of petitieonr), is required for construction of building of hospital. Owner of the plot without compensation gives the plot measuring two acres for this purpose and after construction of hospital job shall be provided to person from family of the actual owners. In their comments the Execution District Officer (Health), Kashmore @ Kandhkot, has admitted that the “villagers” without compensation had provided plot. He however, denied existence of any such agreement.

Admittedly, there is no such policy by the provincial government that if a person donates a plot for the purpose of construction of Basic Health Unit or Hospital and if basic health unit or hospital is constructed thereon, one nominee of such donor shall be provided employment. Such a policy exists in case of schools, but no such policy exists in case of health department, or hospital or basic health unit. Therefore, the petitioner cannot claim any such like benefit.

However, the Executive District Officer (Health), Kashmore @ Kandhkot had admitted that hospital on donated plot has been constructed. He has also stated that the plot was donated by the “villagers”. Obviously before the plot was donated for the purpose of hospital the plot must have been property of a particular individual or individuals. No such document have been placed on record by the E.D.O Health establishing that the plot was validly donated by the owner/ owners of the plot. Therefore, since the government has taken the plot it is obligation of the government to take title of the plot in accordance with the law and in accordance with the provisions of Land Acquisition Act and pay compensation to the owners of the plot.

Agreement signed by the District Health Officer on 11.08.1987, without going into the question, whether this is a genuine document or not and whether District Health Officer had authority to sign such an agreement or not, if the petitioner feels that this agreement has been signed by the District Health Officer and if the petitioner is convinced that this agreement was signed by the District Health Officer in accordance with his authority he may institute a suit for specific performance and if he feels that the agreement was signed by District Health Officer, but he did not have such authority, he may file suit for damaged against signatory of such an agreement.

The up shot of the above discussion is that the government is under obligation to pay compensation for the plot, which it has utilized for the purpose of hospital. The government shall complete the proceedings and pay the compensation to the title holders of the plot within period of three months. Obviously if the petitioner establishes his title and accepts compensation, he cannot eat the cake and have it at the same time i.e. he cannot get himself compensated and claim specific performance of the agreement at the same time. Petitioner shall within fifteen days inform the government if he has decided to file the suit. If the petitioner does not so inform the respondents within fifteen days of date of this order, the petitioner shall be deemed to have opted for compensation.

Judge