1. On 22-9-2004, we had directed the Secretary Irrigation to appear and explain the reasons for inordinate delay in disbursement of the amount of compensation to the different claimants on the part of the Department which happens to be the Acquiring Agency. The Secretary, present in Court, had informed us that he has taken up the matter with the Finance Department and he assured us early disbursement of the compensation. The inordinate delay in disbursement of the compensation for one reason or other has exposed the Government to pay colossal amount to the claimants which continue multiplying in terms of the interest provided under sections 23(2), 28-A and 34 of the Land Acquisition Act. The concern of this Court was that the delay in making due payments of compensation to the claimants should be avoided by the Acquiring Agency in order to save the public exchequer on one hand and on the other hand the agony of claimants litigating for their due shares of compensation would be reduced. If the owners are paid the compensation by the Acquiring Agency in time, the Government would be saved from the heavy interests which it has to pay owing to such delay. This aspect has lost sight by the Acquiring Agency or by the agency which allocates funds. We allowed the Secretary to file a statement in the nature of assurance showing his intent to expedite the matter for the purposes of disbursement of amount of compensation and adjourned this matter and the other like petitions for today exempting the appearance of the Secretary. The statement of the Secretary has been filed in Court today by the learned A.A.G. Which reads as under:-- "STATEMENT Most respectfully it is submitted that I have already submitted my comments in the above Constitution Petition today, wherein I have mentioned in para. 4 that Finance Department has been moved for releasing amount of Rs,3-00 millions for clearance of liabilities in respect of Scheme of re-alignment of Nara Canal. It is further submitted that the other similar petitions pending before this Hon'ble Court may be decided by me in accordance to the decision by this Hon'ble Court in like petitions if the list and copies of the pending petitions are sent to me by the learned Additional A.G., and the previous decisions of this Hon'ble Court in number of similar cases are produced before me by the claimants/petitioners. However, all the above exercises shall be undertaken and completed by me subject to enquiry and verification of bona fides of claim and relevant documents/papers pertaining to claims/awards from the official record and legal position on the subject. Hyderabad. Dated 22-9-2004.
2. (Sd.)
3. (Ashfaque Ahmed Memon)
4. Secretary Government of Sindh (Irrigation)
5. Department, Karachi. We have no objection to take on record the contents of para. No,1 of the said statement but the contents of para. Nos. 2 and 3 of the said statement are outside the authority of the Secretary. The Secretary of the Acquiring Agency cannot exercise the powers of the Land Acquisition Officer nor could he assume the powers of a Referee Court. Once the notification under sections 4 and 6 are issued under the Land Acquisition Act, the Acquiring Agency is bound to deposit the entire amount of compensation to the Land Acquisition Officer before he awards the compensation to the claimants. If the claim of compensation or the title of the claimant is fictitious, then in such an eventuality, the Land Acquisition Officer cannot determine it and or verify the same and is bound under section 31-A of the Land Acquisition Act to refer the matter to the Referee Court for his 'decision and shall also deposit the amount of compensation in the said Court. Through the present statement, the Secretary Irrigation intends to acquire the powers of the Referee Court, which he cannot exercise. Even such powers are not available with the Land Acquisition Officer. We, therefore, for the aforesaid reasons do not accept the contents of para. Nos. 2 and 3 of the statement of the Secretary as such powers could neither be delegated nor could they be exercised by the Secretary irrigation and therefore contents of paras. 2 and 3 of the statement would not form part of this order. Since the Secretary has given assurance in para. I of his statement that an amount of three million would be made available to the different Land Acquisition Officers for which a requisition has been made by him. We expect that this would be expedited it and the requisitioned amount would be made available by the Finance Department for disbursement to the different Land Acquisition Officers for onward payments to the Petitioners or claimants. We further expect that different claims for payment of compensation would also be taken up on priority basis by the Secretary Irrigation and appropriate requisition would be made to the Finance Department without further loss of time to avoid further future interest against the interest of the Government in terms of sections 23(2), 28-A and 34 of the Land Acquisition Act. This exercise would be undertaken by the Secretary Irrigation within three months from the date of communication of this order and he shall submit his report to this Court through Additional Registrar after three months. The Land Acquisition Officer on receipt of the amounts from the Acquiring Agency shall forthwith either make payments to the claimants if there is no dispute over title otherwise he shall deposit it forthwith with the Referee Court under section 31(2) of the Land Acquisition Act, failing which, the said Land Acquisition Officer would be exposed to contempt proceedings besides the disciplinary action which this Court may propose against them.
6. We have noticed that the Land Acquisition Officers while giving awards have stopped payment of solitium as provided under sections 23(2), 28-A and 34 of the Land Acquisition Act under an erroneous advice of law Department. The amount of solitium is mandatory and cannot be withheld by the Government. Delay in payment of such solitium has exposed the Sindh Government to huge financial losses as such amounts continue multiplying till they are finally paid. We therefore, direct the Chief Secretary Sindh to issue appropriate directions to the Land Acquisition Officers to give
(sic) include all the solitium as provided under the Land Acquisition Act to save the Government from huge financial losses. This order be communicated to the Chief Secretary Sindh for appropriate directions to all the concerned including the Land Acquisition Officers of the Province.