HYDERABAD, March 26: The Sindh High Court, Hyderabad circuit bench, on Monday issued notices to the Wapda chairman, Left Bank Outfall Drain chief engineer, Wapda CDT project director and Sinjhoro deputy district officer and land acquisition officer to appear before the court on April 12 on three separate constitutional petitioners, filed by 54 landowners seeking payment of compensation in lieu of land acquired for the LBOD.

The petitioners have filed identical petitions. In one of the petitions, Pehlwan and 23 others have moved the court whereas in second petition Zaibunnisa and 16 others have questioned the non-payment of compensation and in third petition, Riaz Hussain and 12 others have prayed the court to ensure payment of compensation to them.

The court also directed respondents to file their comments on next hearing.

According to petitioners, in 1996 their fertile lands were acquired for construction of tube-wells under north/central Sanghar surface drainage project. No compensation was paid to them to date on account of procedural formalities although physical measurement of land was conducted by the director, settlement, survey and land record, through a joint measurement team, comprising revenue tapedar, tapedar of settlement and survey department and a junior engineer of Wapda.

The director, through different letters to respondents, verified joint measurement and then issued respective B-form in respect of land utilized by respondents.

The petitioners said that on August 26, 2004, the land acquisition officer, through a letter to the project director, sought confirmation of acquired area and demanded funds for payment of compensation.

After eight months, respondent replied on April 6, 2005 confirming the area mentioned in the letter and requesting the officer to expedite completion of formalities so that funds could be arranged.

The project director, through another letter dated April 19, 2005, communicated to the land acquisition officer that the land statement had been prepared and signed by the Wapda junior engineer and requested for publication of a notification under section 6 of the Land Acquisition Act (LAA). The notification was issued on July 5, 2005.

The project director, through yet another letter to the land acquisition officer, submitted a statement of land showing verified measurement and confirmed that other landowners had been paid compensation at the rate of Rs40,000 per acre. The copy of measurement sheet dated June 3,2006 was annexed with the letter.

The petitioners said earlier respondents delayed payment of compensation on the ground of non-issuance of notification under section 6 of the LAA and joint final measurement of the land etc. Now payment was pending for the reason that respondents had not deposited the amount with the land acquisition officer for passing the award. The petitioners said that having no other alternative remedy, they had approached the court.

Petitioners counsel Basharat Ahmed Jatt argued that as per letter dated June 3, 2006 issued by the project director, no further formalities were required for payment of amount and passing the award. But despite lapse of about five months, no amount was deposited by respondents.

He prayed the court to direct respondents to perform their legal duties for payment of compensation to petitioners and deposit the amount with the land acquisition officer for passing of award for payment of compensation to petitioners.