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K.L.R. 2009 Supreme Court 189

The Deputy Director, Officer (Reveune) Land Acquisition Officer, Sanghar

CitationK.L.R. 2009 Supreme Court 189
CourtSupreme Court of Pakistan
Case No.C.P.L.A. No. 708-K of 2004,
Date2005-06-15
Judge(s)Rana Bhagwan Das, Sayed Saeed Ashhad
ResultN/A

ORDER

RANA BHAGWANDAS, J.- Petitioners seek leave to appeal against. Sindh High Court order dated 25.8.2004 passed in C.P. No. D-315 of 2003 directing the petitioners to read earlier order of the High Court dated 13.5.2004 in consonance with Section 23(2) of the Land Acquisition Act 1894 (hereinafter referred to as the Act 1894) irrespective of the fact that there was no mention of it in the main order.

2. We have heard learned Additional Advocate General, Sindh in respect of this petition and gone through the impugned order as well as the language employed in Section 23(2) of the Act 1894. A bare perusal of the provision of law clearly tends to show that the Court is bound to award a sum of fifteen per centum on the market value of the land in consideration of the compulsory nature of the acquisition.

3: ln the present case, High Court had already determined the value of the land and awarded interest under Section 34, and additional compensation under Section 28-A of the Act 1894 to the land owner, lt was only a bona i.e error or omission, which was sought to be rectified through the impugned order, which, in our considered view, does not suffer from any error of law or jurisdiction.

4. In the given circumstances, no question of law of public importance is spelt out. Resultantly, petition- fails and is hereby dismisse.

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