ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                                C.P No.D-146 of 2009                                   

DATE         ORDER WITH SIGNATURE OF JUDGE

                        1.         FOR ORDER ON LETTER RECEIVED FROM EXECUTIVE                                  ENGINEER,    R.B.O.D DIVISION NO.II, HYDERABAD @                                   JAMSHORO.

                        2.         FOR KATCHA PESHI.

17-03-2010.

Mr. Muhammad Imran Qureshi, advocate for Petitioners.

Mr. Muhammad Aslam Bhatti, Advocate for Respondent No.2.

Mr. Allah Bachayo Soomro, Additional A.G Sindh along with Aslam Ansari, S.E  R.B.O.D, Muhammad Ali Zardari, XEN Division-II and Sohail Adeeb Bachani, E.D.O.

                                                                        =                     

                        Through this petition, the petitioner has prayed for an order directing the respondents to pass an award under section 11 of the Land Acquisition Act, without further delay and to direct them to deposit the amount of compensation in terms of Land Acquisition Act, in this Court.

                        On 15-12-2009, the Project Director R.B.O.D Division No-II, for whom the land has been acquired, submitted that the department will tentatively deposit a sum of Rupees three hundred millions with the Additional Registrar of this Court. The land Acquisition Officer, who was also present, submitted that he shall pass the award, within three months, after hearing the parties. It was therefore, ordered that as soon as the award is passed, the Petitioner may approach the Additional Registrar of this Court, who shall disburse the amount in terms of the award. It was further ordered that on receipt of the amount from the Project Director, the Additional Registrar of this Court shall invest the same in some Government profit bearing scheme. In pursuance of the aforesaid order, the amount was deposited and the award has been made, however, the XEN, R.B.O.D Division No-II, Hyderabad @ Jamshoro through his letter dated 13-03-2010 addressed to the Additional Registrar of this Court submitted that the amount awarded is highly excessive and that the department propose to file a reference against such award in terms of section 18 of the Land Acquisition Act, 1894 before the learned District & Sessions Judge, Jamshoro and requested that the payment may not be made to the beneficiaries till such time the reference is decided.

                        Mr. Allah Bachayo Soomro, the learned Additional Advocate General Sindh submits that the price of the land acquired as determined through the award is highly exaggerated, the E.D.O through his award has determined the value of the land at Rupees one crore per acre whereas, in fact, the value is Rs.25,00,000/- (Rupees twenty five lacs) only and therefore, the government propose to file a reference under section 18 of Land Acquisition Act, 1894 and requests that the Additional Registrar of this Court may be directed not to make payment till disposal of such reference.

                        We would, therefore, in the first instance, direct the Additional Registrar of this Court not to make payment to anyone, out of the amount deposited with him in the present proceedings and also direct the learned District & Sessions Judge, Jamshoro to decide the reference within two months of the filing thereof, which reference shall be filed within fifteen days from today. In case, it is found that the amount determined by the concerned E.D.O is exaggerated as claimed by the Respondents and such has been done with malafide intention, Government of Sindh shall initiate appropriate proceedings against the delinquent officer.

                        The petition stands disposed in the foregoing terms.

                                                                                                                   JUDGE.

                                                                                       JUDGE.

A.C