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[Peshawar]
Versus
(c) Maxim---
JUDGMENT
2. Precise but necessary facts forming the background of revision petition are
that the petitioners/plaintiffs instituted a suit against the respondents seeking
declaration and permanent injunction in the Court of Senior Civil Judge/A'ala
Illaqa/Qazi, Chitral. As per averments of plaint, the petitioners are owners of
shops and a petrol pump as shown in the map annexed with the plaint; that
petitioners came to know about survey of Chitral bypass Road Phase-III in which
shops and petrol pump of the petitioners were included in consequence of political
approach; that the petitioners submitted applications to respondent No.1 and high-
ups but with no fruitful result. The petitioners sought permanent injunction to the
effect that respondents be restrained not to include their shops and petrol pump in
survey for the construction of Chitral bypass road phase-III and be also restrained
to dismantle the same.
7. This Court vide order sheet dated 27-8-2013 requisitioned the record of
Award No.8104-08/Collector/DC Chitral, dated 25-6-2013 and case file of
Reference under section 18, Land Acquisition Act (hereinafter called 'The Act'),
pending adjudication before Additional Sessions Judge/Izafi Zilla Qazi, Chitral.
The requisitioned record revealed that the disputed property has been properly
acquired for a public purpose and to this effect Notification under section 4 was
issued on 2-4-2012, while Notification under sections 6 and 7 was issued on 5-6-
2013 and after issuance of Notification under section 17, the Award of
compensation was announced on 25-6-2013, vide which petitioner Haji Usman is
entitled to Rs.18,86,587 for the land and Rs.28,46,650 for structure with 15%
compulsory acquisition charges.
Thirdly, the damage (if any) sustained by the person interested at the time
of the Collector's taking possession of the land, by reason of severing such land
from his other land;
Fourthly, the damage (if any) sustained by the person interested, at the
time of the Collector's taking possession of the land, by reason of the acquisition
injuriously affecting his other property, movable or immovable, in any other
manner, or his earnings;
Sixthly, the damage (if any) bona fide resulting from diminution of the
profits of the land between the time of the publication of the declaration under
section 6 and the time of the collector's taking possession of the land.
(2) In addition to the market-value of the land as above provided, the Court
shall in every case award a sum of fifteen per centum on such market-value, in
consideration of the compulsory nature of the acquisition.
10. If legal right of a party itself is created by the special law but no remedy is
provided under the same, in such an eventuality, the Civil Court has got
jurisdiction to try the suit under the provision of section 9 of C.P.C, but if in a
special law not only the right is created, it also provides and prescribes a
procedure for its enforcement. In such like cases, the right is strictly enforceable
through the mechanism provided by said law and impliedly the Civil Court has
got no jurisdiction to try the matter. Reliance can be placed on PLD 2008
(Karachi) 458 `Raees Ghulam Sarwar through Attorney v. Mansoor Sadiq Zaidi
and 4 others'.
11. In the instant matter, the petitioners have already joined the procedure and
adjudication under The Act, ibid, which provides four fora in shape of reference
and appeals up to the apex Court to determine proper compensation on account of
such acquisition, so, this petition is futile and useless. Both the Courts below have
passed just, balanced and correct judgments/orders, which are not disturbed by
this Court.
For what has been discussed above, the instant civil revision is hereby
dismissed with no order as to costs.