STATE Vs. BASHIR KHAN

JUDGEMENT

(1.) THE respondent -writ petitioner came to this Court with a plea that 5 Marlas of land has been acquired by the State and he has not been paid any compensation. This was because assurance was given to him that he would be given employment in the State. This aspect of the matter was taken note of by the learned Single Judge of this Court. Writ petition SWP 1406/95 stands allowed. A direction has been given to engage the respondent -writ petitioner. State has came in appeal.

(2.) THE facts that the land of the respondent -writ petitioner was acquired and the fact that he was not paid any compensation is apparent from a communication dated: 14 -05 -3994. copy whereof is annexure "p -4" with the writ petition. For facitity of reference, this communication is being reproduced below: - "Subject: - Land compensation case of village Saderkote Bala. Sir, Enclosed kindly find Shajra & Khasra of Saderkote Payeen pump station comprising 5 (five) Marlas of land for which no compensation has been paid so far. The applicant is pressing hard for appointment of his son against land compensation. Yours faithfully, Sd/ - Execulive Engineer. Irrigation Division, Sumbal, Sonawari/Nisar."

(3.) A perusal of the above would indicate that the respondent -writ petitioner was not paid any compensation; this is because he was to get employment in the State. If this be the position, then the State was bound either to pay compensation in terms of the Land Acquisition Act or to give employment to the respondent -writ petitioner.