| Case ID |
0883f294-a75d-4c1b-b722-fb338ba93d53 |
| Body |
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| Case Number |
Suit No. 1286 of 2002 |
| Decision Date |
Oct 22, 2013 |
| Hearing Date |
Sep 12, 2013 |
| Decision |
The Sindh High Court ruled in favor of the plaintiffs, Messrs Apparels (Pvt.) Limited, affirming their ownership of the land in question and their entitlement to compensation under the Land Acquisition Act, 1894. The court found that the defendants had not paid any compensation for the land acquired for public purposes, which is a violation of the law. The court emphasized that no private land can be utilized for public purposes without proper compensation being paid to the owners, and determined that if the plaintiffs' land was to be acquired, they should receive compensation based on the market value of the land. The court also highlighted the importance of adhering to previous judgments that supported the plaintiffs' claims regarding ownership and trespass by the Karachi Development Authority. |
| Summary |
In the case of Messrs Apparels (Pvt.) Limited vs. Karachi Metropolitan Corporation, the Sindh High Court addressed the crucial issues surrounding land acquisition and compensation under the Land Acquisition Act, 1894. The plaintiffs claimed that their land, which was acquired for the widening of Korangi Road, had not been compensated despite their ownership being established in previous legal proceedings. The court reiterated that the law mandates adequate compensation for any land acquired for public purposes, emphasizing that no land can be utilized without fulfilling this obligation. The case underscored the legal protections afforded to landowners and the necessity for government entities to comply with statutory requirements when acquiring land. This ruling serves as a significant precedent in the realm of land acquisition law, highlighting the rights of property owners against wrongful appropriation without fair compensation, thus reinforcing the principles of justice and equity in public land use. |
| Court |
Sindh High Court
|
| Entities Involved |
KARACHI METROPOLITAN CORPORATION,
Messrs APPARELS (PVT.) LTD.
|
| Judges |
Sadiq Hussain Bhatti, J
|
| Lawyers |
Kh. Naveed Ahmed,
Iftekharul Hassan
|
| Petitioners |
Messrs APPARELS (PVT.) LTD.
|
| Respondents |
KARACHI METROPOLITAN CORPORATION
|
| Citations |
2014 SLD 2500,
2014 YLR 917
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Land Acquisition Act, 1894
|
| Sections |
23
|