ABDUL HAMEED BALOCH, J.----The petitioners have filed the instant constitutional petition with the following prayer: "It is accordingly respectfully prayed that this Hon'ble Court may be pleased to declare the act of the government i.e. official respondents, whereby they are not compensating the petitioners and not equally treating them alike, to be illegal, improper , bad in the eyes of law, in excess and mis-exercise of jurisdicti on and authority not vested to it, consequently the official respondents may also be directed to compensate the petitioners in accordance with law, with any other relief, in the interest of justice."
2. Succinct facts of the instant petition are that the petitioners belong to indigenous tribe of Raisani having acres of lands in villages Mehrgarh, Noushero, Zorhgarh, Kot Faiz Bakhsh and Kot Raisani of Negor area, Tehsil Dhadar District Kachhi since their forefathers. The petitioners were cultivating their lands and for such purpose they constructed Bandaths/embankments, water channels and linked them with Bolan River. In the year 1983 a dispute arose between Raisani and Rind Tribes, and number of FIRs were registered by both the parties. In such circumstances the petitioners along with their other tribesmen were shifted to Quetta. It is case of the petitioners that in their absence from above villages the opponent tribesmen in connivance with local administration destroyed/ plundered the farm houses, garages, agricultural crops, burnt the wheat and grain in threshing yard, bulldozed hundred of houses belonging to the petitioners and their tribesmen, breached the water channels, locked the water channel by dumping with earth, cut down the orchards trees; forest plantation. Besides the houses and livestock of the petitioners were also looted and electric transformer were taken away . It was case of the petitioners that Chief of Sarawan, who is also tribal chief of Raisani Tribe Nawab Muhammad Aslam Khan Raisani and his brother Nawabzada Lashkari Raisani on each incident, approached different forums and brought the damages to the notice of high ups. In this regards C.P. No.24 of 2002, 310/2002 and 664 of 2002 were filed, in which directions were made to the administration for providing protection to the aggrieved party . It was case of the petitioners that to assess the actual loss/damage the Honorable High Court constituted committee of different departments who after assessing and evaluating the damages submitted their report. The committee estimated a sum of Rs.84,80,20,500/-, out of which an amount of Rs.81,70,38,500/- was estimated o private side and Rs.03,09,82,000/- were estimated on government side. It was case of the petitioners that in compliance of order dated 25th November , 2008 passed by this Court the respondent No.3 vide its letter dated 6th August 2011 addressed a letter to respondent No.2 by means of which an amount of Rs. 817,038,500/- was sanctioned on account of grant for compensation only in favour of Nawabzada Mir Lashkari Khan Raisani in respect of Mehrgarh during financial year 2131 1-12. The said amount was placed at the disposal of Deputy Commissioner Kachhi to disburse the same in accordance with law. Thereafter cheque No. 0327457 dated 22nd August, 2011 was issued by respondent No. 4 in favour of Nawabzada Haji Lashkari Raisani. It was case of the petitioners that the government has not paid a single penny towards the compensation either to the petitioners in respect of their areas i.e. Noushero, Zorhgarh, Kot raiz Bakhsh and Kot Raisani, Tehsil Dhadar District Kachhi and only compensation was made to extent of Mehrgarh. The petitioners knocked the dooi of higher authorities for redressal of their legal, lawful and constitutional grievance but of no avail.
3. Heard and perused the record. The grievance of the petitioners is that due to tribal feud between Raisani and Rind Tribes the properties of the petitioners were damaged by the rival party (Rind). The properties of the petitioners' tribe fall in Mehrgarh, Noushero, Zorhgarh, Kot Faiz Bakhsh and Kot Raisani of Negor area, Tehsil Dhadar District Kachhi. Being brother of Chief of Tribe Nawabzada Mir Lashkari Raisani filed constitutional petition No. 664 of 2002; whereafter , filed contempt application No. 7 of 2007 beFore this Court. In contempt application the A official respondents submitted report wherein detail of damages was estimated as Rs.84,80,20,500/-, out of which an amount of Rs.81,70,38,500/- was estimated o private side. The respondent No.3 vide order No. SO(B&A)5-32/201 1-2012/3076-83 dated 16th August, 2011 released the above referred amount and placed at the disposal of Deputy Commissioner Kachhi on grant of compensation in favour of respondent No. 8 (Nawabzada Haji Lashkari Raisani) and concerned Deputy Commissioner handed over the cheque to respondent No.8.
4. The record reveals that on direction of this court, different departments submitted report of losses of properties which were in custody of Government of Balochistan. The survey of the affected areas/damaged properties was conducted by the respective Deputy Commissioners and cheque of compensation amount has been handed over to respondent No. 8 by the respondent No. 4, whereas the respondent No. 4 in reply/parawise comments stated that the above amount is meant for all kind of losses caused to Raisani Tribe in all four Revenue Mouzas Mehrgarh, Noushero, Zorhgarh, Kot Faiz Bakhsh and Kot Raisani.
5. The petitioners are in close league with respondent No. 8, due to tribal feud left their houses and touched with the Chief of Raisani Tribe and respondent No. 8. The respondent No. 8 filed constitutional petition in the year 2002, but the petitioners kept mum which cannot be B believable. Even otherwise the Chief of Raisani Tribe was elected as Chief Minister Balochistan, why the petitioners could not agitate their respective demands from him. The petitioners were aware of the constitution al petition filed in the year 2002 by respondent No. 8, but they have not filed an application for impleading them as party . Admittedly delay would defeat the equity . The petitioners have failed to assign any cogent reason for silent in such period. Equity would aid vigilant not indolent. The court refrained to come to aid of a party having not been diligent. Reference is made to the case of Jawad Mir Muhammadi v . Haroon Mirza PLD 2007 SC 472 , in which it was held: "29. From a perusal of the passage/quotations reproduced hereinabove the question of delay/laches in filing the constitutional petition has to be given serious consideration and unless a satisfactory and plausible explanation is forthcoming for the delay in filing a cons titutional petition, the same cannot be overlooked or ignored subject, of course, having regard to the facts and circumstances of each case. It will also be useful to reproduce another passage from the same book appearing on page 35 as under: Laches essentially consists of a substantial lapse of time coupled with the existence of circumstances which make it inequitable to enforce the claim. Delay will accordingly be fatal to a claim for equitable relief if it is evidence of an agreement by the claimant of abandon or release his right, or if it has resulted in the destruction or loss of evidence by which the claim might have been rebutted, or if the claim is to be business (for the claimant should not be allowed, to wait and see if it prospers), or if the claimant has so acted as to induce the defendant to alter his position on the reasonable faith that the, claim has been released or abandoned. But apart from such circumstances delay will be immaterial. There can be no abandonment of a right without full knowledge, legal capacity and free will, so that ignorance or disability or undue influence will be a satisfactory explanation of delay ."
6. Admittedly the respondent No. 8 has received the compensation amount on the basis of report of the District Administration. The petitioners have not produced any evidence on record to prove their contention. As per District Administration the report submitted related to four affected area where the damage caused to the properties of Raisani Tribe.
In view of above the petition is dismissed.