| Case ID |
22c7c543-3382-42ce-add7-efe22428bb31 |
| Body |
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| Case Number |
Constitutional Petition No. 1506 of 2019 |
| Decision Date |
Aug 11, 2020 |
| Hearing Date |
Aug 07, 2020 |
| Decision |
The case involved a constitutional petition filed by the petitioner, Arbab Nizam Ud Din Kasi, seeking enhanced compensation for the structural value of his bungalow, which was subject to acquisition for the purpose of widening a bypass. The court determined that the petitioner had an alternate remedy available under Section 18 of the Land Acquisition Act, 1894, and therefore dismissed the constitutional petition as not maintainable. The decision emphasized the importance of exhausting available legal remedies before invoking the jurisdiction of the High Court. The court referenced previous case law to support its ruling, reinforcing that constitutional petitions should be exercised sparingly when other remedies exist. |
| Summary |
In the case of Arbab Nizam Ud Din Kasi vs. Government of Balochistan, the petitioner contested the assessment rates for his bungalow, claiming they were unlawful and sought to have his property valued correctly under the Land Acquisition Act, 1894. The case arose when the National Logistic Cell initiated a project to widen Killi Sabzal Bypass, impacting the petitioner's ancestral property. The petitioner argued that the compensation offered was insufficient compared to the actual construction costs incurred. However, the court ruled that the petitioner had an alternate legal remedy available under Section 18 of the Land Acquisition Act, allowing for a reference to the court for determining compensation. The ruling highlighted the need for petitioners to utilize prescribed legal channels before seeking constitutional relief, emphasizing the extraordinary nature of High Court interventions. The case underscores the principles of property rights, compensation for land acquisition, and the procedural safeguards in place to ensure fair valuation. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMEED BALOCH, JUSTICE
|
| Lawyers |
Azmatullah Kasi,
Arbab Tahir, Advocate General
|
| Petitioners |
Arbab Nizam Ud Din Kasi
|
| Respondents |
GOVERNMENT OF BALOCHISTAN THROUGH CHIEF SECRETARY AND OTHERS
|
| Citations |
2022 SLD 413,
2022 YLR 110
|
| Other Citations |
Ch. Muhammad Ismail v Fazal Zada, Civil Judge, Lahore PLD 1996 SC 246
|
| Laws Involved |
Land Acquisition Act, 1894
|
| Sections |
18
|