PROVINCE OF SINDH vs LAND ACQUISITION OFFICER (B&R) HYDERABAD Ss — 2024 CLC 568 KARACHI-HIGH-COURT-SINDH

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PROVINCE OF SINDH VS LAND ACQUISITION OFFICER (B&R) HYDERABAD Ss. 4, 18 & 54---acquisition of land---Compensation---Determination---appellants/land owners being aggrieved of compensation determined by Land acquisition Officer filed an appeal before the Referee Court but the same was dismissed by holding that the award passed by Land acquisition Officer was according to law---Validity---Nothing on record was available to show that any notice was ever issued by the Collector before proceedings in the matter for determining the award/compensation ex-parte against the appellants---Said fact clearly deprived the appellants to rebut the case of the respondents---However, even in ex-parte proceedings the claimant was not absolved from proving his case as he was required to stand on his own legs---Land acquisition Officer had used very fanciful wording in the award wherein he said that "one had to offer gold for gold and not copper for gold to landowners"---However, Land acquisition Officer completely failed to appreciate that he could not evaluate the land on the basis of future or expected improvements in the land---First and foremost consideration before the Land acquisition Officer had to be the market value of the land as envisaged under subsection (1) of S. 23 of the act---Land acquisition Officer, who issued the award impugned before the Referee Court as well as the Mukhtiarkar, who issued the valuation certificate, both were not examined by the Court---Land acquisition Officer was a material witness and was to recognize the award issued by him before the Referee Court and he was also to be confronted with regard to the material on the basis of which he passed the award by fixing the rate of the land at Rs.450,000/- per acre---Similarly, the Mukhtiarkar was also required to step into the witness box to satisfy the Court about the correctness of the valuation certificate and his competence to issue the valuation certificate---Referee Court observed that "Land acquisition Officer, (who passed the award), neither appeared in the witness box nor filed any written statement as per record, therefore, the burden laid upon the appellants as to whether rate given by respondent No.1/ Land acquisition Officer in his award was not according to law---Initial burden was on the Land acquisition Officer to show that the award was in accordance with law and the rate of land per acre was in conformity with the prevailing market rate of the land---Non-appearance of the Land acquisition Officer as a witness was being made a ground to shift the burden on the appellants---Witness of the appellants claimed that the acquired land was situated about eight to ten KMs away from city while the respondent No.2 claimed that the acquired land fell within the city---Nothing was on record as to how that dispute was resolved by the Land acquisition Officer and in whose favour---Land acquisition Officer had observed that in order to avoid litigation, he had allowed rate of Rs.450,000/- per acre---Once again, avoidance of litigation was not a ground to be taken into consideration---Respondent No.2 had made a bald statement regarding the rate of land without any supporting evidence, which could not be accepted---appeal was accordingly accepted by setting aside the impugned judgment passed by the Referee Court and the case was remanded to the Referee Court for decision afresh after recording evidence.

PROVINCE OF SINDH vs LAND ACQUISITION OFFICER (B&R) HYDERABAD Ss — 2024 CLC 568 KARACHI-HIGH-COURT-SINDH

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