Sher Zada VS Dsitrict Collector etc.

I

JUDGMENT SHEET

IN THE PESHAWARHIGH COURT,

MTNGORA BENCH (DAR-UL-Q AZA), SWAT

(ladicial Department) W.P. No.302-M of 2015

JADGMENT

Date of hearing: 17.01.2018

Petitioner:- er Zadil hv Mr. Hqmuvoon Kh un To orw sli, Adv o cate,

Respondents:- (District Collector/Deputv Commissioner Swat & otheril bv Mr. Rsfiq Ahmu Astt: Advocate Genersl.

MOHAMMAD IBRAHIM KHAN. J.- The

Petitioner Sher Zadabeing bonafide real owner is in possession of the land measuring 2 kanals and 3 marlas and a residential house consisting of 5 rooms, covered under an area of 14 marlas.

He is residing therein since many years. It was 1n past when the horrendous flood badly damaged the Kalam to Behrain road along with Bridge over the river Kalam at Behrain. The Government of Khyber Pakhtunkhwa was pleased and thereby constructed the road and Steel Bridge in the interest of public. For doing

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the needful, the property owned by the Petitioner measuring 2 kanals and 3 marlas and a residential house were utilized by the N.wnb (D,8.) Uon'blelvlr, Jusri.. ilohrmm.d lbrdinr Khrn Hotr'bl. Mr, Juslic.Muh,nmrd NtsirM fooz

Respondents for construction of road and Bridge.

) Previously, in order to restrain the Respondents from raising construction of the Steel Bridge a suit was filed with the prayer to restrain the Respondents from any sort of interference and taking possession ofthe landed properfy owned by the Petitioner. After filing written statement by the concerned Department the said suit was later on withdrawn. Thereafter, various communications were held with the Pakistan Army personnel, Assistant Commissioner Behrain and Naib Tehsildar Kalam and even the Worthy Deputy Commissioner Swat was also approached along with the Executive Engineer C&W High Division at Swat in this regard. The Provincial Government was requested to acquire the said land under the report of the upright Assistant Cr- d- ,o*^issioner Behrain for making an award in respect of acquisition of the land. Till so far, the Respondents have not acquired the land owned by the Petitioner along with the house which @ flor'61.Mr, Joni.. Munron.d DirM.tf@,

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has already been utilized for construction of the Steel Bridge. Hence, the present writ petition has been preferred by the Petitioner inter-alia on the grounds enumerated therein with the following prayer:-

i. That the Respondents may kindly be directed lo acquire the agricallure land of lhe Petitioner measuring 2 kanals 3 marlas as per report of revenue officers along with house consisling 5 rooms covered area 14 marlas,

ii. That the Respondenls may kindly be directed lo make award under Land Acquisilion Acl and made paymenl of compensation to lhe Petilioner on lhe basis of market value of lhe above land,

iii, Any olher remedy, which is jusl, appropriale may olso very kindly be awarded in fovour of Petitioner against Respondents.

3 Arguments of learned counsel for ,r*)- the Petitioner and learned Astt: Advocate General appearing on behalf of the official Respondent were heard, available record delved deep into with their able assistance.

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4.According to report of Tehsildar Kalam and as per reply under Serial No. 8 of the comments fumished by Respondent No. I i.e. the Worthy Deputy Commissioner Swat has submitted to the effect that "qs rre rto Tehsildar Kal it is evident that onl land o the Applicant (herein the Petitioner) has been affected due to construction o f Steel Bridse whereas house of the Applicant has become visible from the Bridse."

5 Learned counsel for the Petitioner referred to PLD 2010 Suoreme Court 719 "Land Acquisition Collector and others V/S MsL al Beg um and others" wherein the relevant citation (b) speaks of:- "Object of Land Acquisition Act, 1894 was to provide complele indemnity to owner ond to ollow acquisilion of I d- land wilhout proper and adequate compensation,"

Thus, if at all when the land owned by the Petitioner has been utilized by the Respondents and it has not been under the use of the Petitioner anymore along with the house, ffi Hon'bL Mr. Julic. Mrhrr6.d N.ir M.hl@

then it is incumbent upon the Respondents to make an award and acquire the land accordingly.

6 The leamed Astt: Advocate General appearing on behalf of official Respondents is also conciliatory to the effect that the land ofthe Applicant4Petitioner has been affected due to construction of Steel Bridge and once house of the Applicant has also been rendered inutile for the purpose of living. Therefore, in the best interest of justice and in view of the comments so furnished by the Respondent No. I (Deputy Commissioner Swat), the land as well as the house be acquired by his office within three months for a definite award in accordance with the market value, for which the Worthy Deputy Commissioner Swat is directed accordingly.

1 In the above terms, this writ petition is disposed of accordingly.

Announced c- //)-- Dt:17.01.2018 JUDGE

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JUD6E

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