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| Land Acquisition Writ Petition |
In the name of ALLAH, the most beneficent, the most
merciful
IN THE
W.P No. _______/2021
Zafran
Khan son of Sajid Mehmood , Resident of near High School No. 2, Mohallah
Meharpura Sharqi, Attock.
…Petitioner
Versus
1.
Federation of
2.
WAPDA through its Chairman, WAPDA
House, The Mall,
3.
Project Director, Ghazi Barotha
Hydro power project, WAPDA, Hattian, District Attock.
4.
Resettlement Claim Commission for Ghazi
Barotha Hydro Power Project through its Chairman, Tehsil Ghazi
5.
Land Acquisition Collector,
Attock.
6.
Senior Civil Judge, Attock.
Respondents
WRIT
PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC
Respectfully Sheweth:
1.
Briefly stated
facts are that the respondent No. 5 acquired land from different owners through
different awards in District Attock for the purposes of completion /
construction of Ghazi Barotha Hydro Power Project.
2.
That the land of predecessor
of petitioner measuring 89 Kanals 2 Marlas in Khewat NO. 365, 406,109 situated
in Mouza Ghala Mandi , Tehsil and District Attock was also acquired, vide Award
No. A-99/LAC/GBHP/ATK/60 dated
3.
That quite a few
references were filed before respondent No. 6 for the enhancement of
compensation which references were unfortunately dismissed on
4.
That some of aggrieved
persons assailed the said judgment dated
5.
That all the RFAs
were allowed, vide judgment dated 08-04-2015 in the light of consensus arrived
at between the aggrieved appellants and respondents whereby respondent No. 2 informed
the Honourable Court about constitution of respondent No. 4 commission for “redressal
of grievances of AFFECTEES OF GHAZI
BAROTHA HYDRO POWER PROJECT” which
included not only the appellants but
also other land owners as well. The references filed before the Referee Court
were deemed to be pending.
6.
That after 08-04-2015,
the respondent No. 6 adjourned the
references till decision by respondent No. 4 commission on 28-10-2015.
7.
That the
respondent No. 4 did not decide the claim of petitioner and grievance of
petitioner qua deficient compensation remained unredressed for the reasons best
known to the commission in earlier rounds. After passing of prescribed period
of 05 months, as per consensus arrived
at in RFA No. 78/02, the respondent No. 6 adjourned the reference sine-die till
submission of report of respondent No. 4. The
net result is that neither commission has been formed afterwards nor the
reference of petitioner has been disposed of by respondent No. 6 for want of decision
of commission.
8.
That it has come
into knowledge of petitioner that another meeting of commission is being convened
for redressal of grievance of other affectees. In this regard, necessary
preparations have already been made.
9.
That the
respondents are bound by their undertaking before the Honourable Court on
10.
That the
petitioners are being deprived of
benefits qua acquisition of their land
for the last more than 20 years.
11.
That the
petitioners are also entitled to get the benefits of undertaking given before
the Honourable Court and thus vested rights have accrued in favour of petitioners.
12.
That the acts of respondents for not deciding the reference
of petitioners are illegal, unlawful and discriminatory towards the
petitioners.
13.
That all the public functionaries are bound to aGhala
Mandi e to the constitution particularly Articles 4, 5 and 25 of constitution.
14.
That the
petitioners have no other efficacious and alternate remedy except to invoke the
constitutional jurisdiction of this Honourable Court.
Prayer:
Under the circumstances, it
is, therefore, prayed that a writ may graciously be issued whereby the
respondents may kindly be directed to redress the grievance of petitioner qua
forcible acquisition of their land measuring 89 Kanals 2 Marlas in Khewat No. 23,103,
106 situated in Mouza Ghala Mandi , Tehsil and District Attock by directing the
respondent No. 4 to decide the same in its forthcoming meeting and extend the benefits
as granted to other affectees.
Any other relief which this Honourable Court deems just and proper may
also be awarded.
Petitioner
Through
Counsel
Advocate
High Court
CC No.78855778
Dated
CERTIFICATE:
1.
It is certified that this is the
first writ petition on the subject moved before this Honourable Court.
2.
It is also certified that the
petitioner has no other alternate remedy except to invoke the jurisdiction of
this Honourable Court under Article 199 of the Constitution.
3.
It is further certified that no
other petition on the subject is pending or decided by the Honourable Supreme
Court of Pakistan.
Counsel