| Case ID |
255613c6-2295-4047-9244-f916085ef68f |
| Body |
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| Case Number |
Constitutional Petition No.D-115 of 2008 |
| Decision Date |
Nov 30, 2011 |
| Hearing Date |
|
| Decision |
The Sindh High Court ruled in favor of the petitioners, directing the concerned authority to make payment of compensation to the petitioners within one month in accordance with the award dated 10-7-2007. The court found that the delay in payment was without lawful justification and constituted a violation of the petitioners' rights. The court emphasized its role in protecting citizens' rights against unlawful actions by executive authorities, thereby ensuring that the principles of justice were upheld. The petitioners were entitled to receive their rightful compensation without further delay, as the authorities had failed to provide any valid reasons for their inaction. The decision underscored the importance of timely compensation in land acquisition cases, adhering to the stipulations of the Land Acquisition Act. |
| Summary |
In the case of Ikramul Haq and others vs. Province of Sindh, the Sindh High Court addressed a constitutional petition regarding the non-payment of compensation for land acquired under the Land Acquisition Act, 1894. The petitioners, who owned land in deh Pano Khaslo, Taluka Ghotki, claimed they had not received compensation awarded on July 10, 2007, for land taken by the National Highway Authority for the construction of an additional carriageway. The court found that the authorities had unjustifiably delayed the payment since July 2007, infringing upon the petitioners' rights. The court emphasized its responsibility to protect citizens' rights within the constitutional framework, ordering the concerned authority to make the payment within one month. This case highlights the significance of adhering to legal obligations regarding compensation in land acquisition and the judiciary's role in enforcing these rights. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHID ANWAR BAJWA,
MUHAMMAD ALI MAZHAR
|
| Lawyers |
Jamshed Ahmed Faiz for Petitioners,
A.M. Mobeen Khan for Respondents Nos.3 and 4,
Imtiaz Ali Soomro, Asstt. A.G. for the State
|
| Petitioners |
11 others,
IKRAMUL HAQ
|
| Respondents |
3 others,
PROVINCE OF SINDH through Secretary, Revenue Department
|
| Citations |
2012 SLD 499,
2012 CLC 655
|
| Other Citations |
2001 SCMR 794,
PLD 2002 SC 84,
Land Acquisition Collector v. Mst. Iqbal Begum PLD 2010 SC 719,
Province of Punjab v. Sh. Hassan Ali and others PLD 2009 SC 16,
PLD 2004 SC 271
|
| Laws Involved |
Land Acquisition Act, 1894
|
| Sections |
17,
4(1),
6,
11,
18,
12(2),
23
|