ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P.No.D-463 of 2006

DATE ORDER WITH SIGNATURE OF JUDGE

For Katcha Peshi.

25.03.2010.

Mr. Muhammad Hamayoon Advocate for the Petitioner.

Mr. Allah Bachayo Soomro Additional Advocate General Sindh,

Through this petition, the petitioner has prayed that the award dated 14.05.1995 be declared illegal and void abinitio. The Counsel for the petitioner contends that neither notice u/s 4 of the Land Acquisition Act, nor proceedings u/s 6 of the Act were initiated, therefore, award is void abinitio.

On the other hand, learned Additional Advocate General Sindh, contends that the petitioner has accepted the compensation of the land, therefore, he cannot challenge the acquisition of the land and the dispute if any would pertain to the quantum of compensation for which no reference u/s 18 of the Land Acquisition Act was ever filed by the petitioner.

In response, the Counsel for the petitioner contends that compensation was accepted by the petitioner under protest.

We have heard the learned Counsel for the parties and perused the record. It appears that before filing of the instant petition, the petitioner had filed a complaint before Provincial Ombudsman wherein his grievance was that the compensation of the land has been delayed and the record reflects that the compensation as determined by the Land Acquisition Officer was paid to the petitioner on 20.03.2006. We are of the view that once the petitioner has accepted the compensation in lieu of the land even under protest, then scope of the protest is narrowed down only to the extent of quantum of the compensation and not in respect of acquisition of land. The petition, therefore, merits no consideration and is dismissed.

JUDGE

A.K