Citation Name: 2025 YLR 1522 KARACHI-HIGH-COURT-SINDHBookmark this Case Ghulam Abbas vs IInd Additional Distri

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Citation Name: 2025 YLR 1522 KARACHI-HIGH-COURT-SINDHBookmark this Case Ghulam Abbas VS IInd Additional District Judge, Badin Ss.4(1), 18, 23, 28-a & 34---Constitution of Pakistan, arts.23 & 24---acquisition of land---Compensation---Statutory interest under S.34 of Land acquisition act, 1894---The Irrigation department took possession of appellants' (land owners) land without notice or legal acquisition causing damage to the land constraining them to file a Constitutional petition, whereby, the authorities were directed to issue an award---The appellants (land owners) were offered Rs.438,00 per acre which they accepted under protest and subsequently filed a Land acquisition Reference claiming Rs. 400,000 per acre along with interest and damages---The reference was dismissed by the Trial Court against which present appeal was preferred---The points for determination by the High Court were as to: (i) Whether valuation of the land was assessed in award in accordance with the Land acquisition act, 1894; (ii) Whether the appellants were entitled to claim the benefits conferred under S.34 of the Land acquisition act, 1894; (iii) Whether the appellants were eligible for the benefits outlined under S.28-a of the Land acquisition act, 1894; (iv) Whether the appellants are entitled to compensation for damages---Held: To answer the first point, by virtue of S.23 of the Land acquisition act, 1894 (the "act") the market value of the acquired land was to be assessed as of the date of the publication of the notification under S.4(1) of the act and it was evident that the land acquisition officer had correctly determined the valuation of the land in accordance with the relevant provisions---To answer the second point the land acquisition officer failed to adhere to the mandatory requirement of law by not awarding interest under S.34 of the act---The rights of landowners were not only safeguarded under the act but were also enshrined in art.23 and 24 of the Constitution which provisions unequivocally guaranteed the rights of citizens---Since the award dated 02.02.2011 passed by the land acquisition officer revealed that possession was taken over by the acquiring agency after issuance of notification under S.4 of the act dated 18.8.1988 and the final payment was made on 27.04.2011, as per the bank statement filed by the law officer, respondent No. 3 (Land acquisition officer) was directed to modify the award and include interest from the date of possession as determined in the award till payment of the award (27.04.2011)---To answer the third point regarding grant of benefit of S.28-a of the act, it was evident that the said provision had been omitted through S.4 of the Land acquisition (Sindh amendment) act 2009 (act No.XVI of 2010)---To answer the fourth point, upon meticulous examination of the evidence adduced by the appellants (land owners) and their witnesses, it was evident that they had failed to furnish any cogent or substantive material to support their claim---There existed no legal infirmity or procedural irregularity in the findings of the Trial Court in denying the claim of damages---as no case of damages had been successfully demonstrated by the appellants (land owners), the findings of the Trial Court stood fully substantiated and were, therefore, maintained---Respondent No.3/land acquisition officer was directed to amend the award by incorporating interest accrued on the principal amount from date of possession as determined in the award until 27.4.2011 (the date when the amount was disbursed to the appellants-land owners), in accordance with the provisions of S.34 of the Land acquisition act 1894---Furthermore, if any sum was erroneously granted to the appellant under S.28-a of the said act same would be deducted accordingly---appeal was disposed of, in circumstances.

Citation Name: 2025 YLR 1522 KARACHI-HIGH-COURT-SINDHBookmark this Case Ghulam Abbas vs IInd Additional District Judge, Badin Ss — 2025 YLR 1522 KARACHI-HIGH-COURT-SINDH

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