E.D.O. (Now Superintending Engineer) Road District Kashmore @ Kandhkot vs ABDUL HAFEEZ CHACHAR S — 2023 CLC 1383 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 CLC 1383 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: CLC
Parties: E.D.O. (Now Superintending Engineer) Road District Kashmore @ Kandhkot vs ABDUL HAFEEZ CHACHAR S
Subject matter: Civil
Provisions referred to: S. 42---C; Civil Procedure Code (V of 1908); Land Acquisition Act

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

E.D.O. (Now Superintending Engineer) Road District Kashmore @ Kandhkot VS ABDUL HAFEEZ CHACHAR S. 42---Civil Procedure Code (V of 1908), O. VII, R. 7---Suit for declaration---Acquisition of land without compensation---Moulding the relief---Scope---Government officials constructed a road on the plaintiffs' land without following the procedure under the Land Acquisition Act, 1894---Both the Trial Court and the Appellate Court issued a verdict concurrently, ruling in favor of the plaintiffs and directing the government officials to compensate them---Validity---Road had indeed been constructed on the land belonging to the plaintiffs and not on government-owned land---No proof was provided to indicate that the road was constructed on government property, and even if a rough pathway existed before, that did not imply it was on government land---Trial Court determined that the road was nearly complete and therefore did not grant the request to return the land since this would have required the road's removal, which was serving a public purpose---Instead, Trial Court granted compensation for the land, exercising its discretion judiciously, which did not require interference---Consequently, the revision application was dismissed.

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