SINDH AGRICULTURE UNIVERSITY TANDO JAM vs PROVINCE OF SINDH through Chief Secretary, Sindh Secretariat, Karachi S — 2022 MLD 263 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 MLD 263 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: SINDH AGRICULTURE UNIVERSITY TANDO JAM vs PROVINCE OF SINDH through Chief Secretary, Sindh Secretariat, Karachi S
Subject matter: Constitutional
Provisions referred to: S. 6---D

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SINDH AGRICULTURE UNIVERSITY TANDO JAM VS PROVINCE OF SINDH through Chief Secretary, Sindh Secretariat, Karachi S.6---Declaration that land is required for a public purpose---Scope---Petitioner assailed acquisition proceedings being conducted by the Provincial Government for construction of a road---Only dispute raised by the petitioner was that some other piece of land should be acquired in lieu of the subject land and as the same was being used for research and experimental purposes---Validity---Acquiring agency had the sole discretion and authority to see the suitability of land for purpose of acquisition---Land acquisition proceedings were not a direct transaction between a willing vendor and a willing vendee; it was the will, choice and selection of the government/acquiring agency with regard to a land which stood paramount---Land owner had no right whatsoever to hinder such will, choice and selection, except to demand reasonable compensation in lieu of the land---Mala fides with regard to the will, choice and selection of the land could not be attributed to the government/acquiring agency merely on the basis of allegations---Tappedar of the area had reported that no valuable plantation was found on the subject land which was in fact being used by the petitioner for cultivation of cotton, sugarcane and wheat for commercial gain---Such being a disputed question of fact, could not be looked into by the High Court---Constitutional petition was dismissed.

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