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2010 YLR 2674

Syed AHMED RIZVI vs PROVINCE OF SINDH through Chief Secretary and 3

Citation2010 YLR 2674
CourtSindh High Court
Case No.Constitution Petition No, D-298 of 2007
Date2009-10-02
Judge(s)Mushir Alam, Aqeel Ahmed Abbasi
ResultOrder accordingly

ORDER

1. ' The petitioner has impugned the action of the respondent whereby differential price of the impugned land in the sum of Rs. 524,200 has been claimed per Annexure-D-2 to the petition through public notice published in the newspaper dated 29th March, 2006.

2. ' We have heard the learned counsel for the petitioner and the respondent and the officer concerned present pursuant to the direction of the Court. After hearing the matter at some length crux of the grievance is that the petitioner was not heard as provided in terms of section 4 of the Sindh Urban State Land (Cancellation of Allotments. Conversions and Exchanges) Ordinance, 2000 as amended. According to the learned counsel for the petitioner, the loss, if any to the Government could only be determined after making such enquiry as deemed fit. According to leamed counsel the enquiry itself envisages hearing of the petitioner.

3. Syed Mukaram Sultan, Officiating District Officer Recoveries states that as an incentive to the affectees of Ordinance III of 2000 certain facilities, concession and rebate is being offered to all to those persons who approach the authority concerned directly and in such cases regularization letter is issued within two days. Now, Syed Mukaram further states that if the petitioner desires he can be heard in the matter and price can be determined afresh after hearing him. The grievance of the petitioner can be redressed and his case will be placed before the Committee for determination of the loss in accordance with the Ordinance, 2000 for determining the differential value of the property, if any. With such statement the petitioner appears to be satisfied accordingly. It is for the petitioner to avail either concession by approaching the officer concerned within fifteen days from today or appear before the Committee as and when is constituted in accordance with law to contest fair market value. Petitioner to exercise the option within fifteen days from today and notify the D.O. (Recovery). In case petitioner opt for hearing D.O. (Recovery) present in court shall notify the petitioner of the date of hearing in the Committee no sooner same is reconstituted. The petition stands disposed in above terms along with listed applications.

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