MUHAMMAD ASLAM KHAN ETC vs PROVINCE OF PUNJAB Em

A notification dated 21st of January, 1976 issued under section 4 of the Land Acquisition Act (hereinafter called the Act), notifying that the land bearing Khasra Nos. 78/16-min, 17-min, 18-min, 2a-min, 25-min, 26-77/20/ 2-min, 81/4-min, measuring 25 kanals 9 marlas was required for public purpose, for the construction of office accommodation for Assistant Come missioner, Kabirwala, District Multan, is being assailed through this petition.

2. The petitioners filed objections against the above said Notification under sections 5 and 5-A of the Act on 28th February, 1976 but no one attended to those for about 19 months. Instead, a Notification under section 17 of the Act was issued on 9th September, (gazetted on 26th October, 1977) for immediate possession of Khasras Nos. 78/24, 25, 26 and 81/4 measuring 13 kanals 12 marlas and 4 sarsais out of the land notified. It was stated in it that as land was urgently required, the provisions of sections 5 and 5-A of the Act shall not be applicable.

3. While hearing this petition in motion on 13th November, 1977 I sent a copy of it to the learned Advocate-General to seek instructions and appear in this Court with record on 19th of November, 1977. The case came up on 29th November, 1977 when parawise comments on behalf of the respondents were placed on record through a learned counsel as well as a representative of the respondent. It was stated in the comments that a part of the structure of the office of the Assistant Commissioner had been constructed on some other land, but there was no approach road to it and the land in question was necessary for that purpose. During arguments on 14th January, 1978, the learned counsel for the petitioners submitted that as the purpose for which the land was being acquired has already been fulfilled and construction completed, the land of the petitioners could no longer be acquired for the same purpose. The plan (Annexure'A') produced by him, however, did not specifically show the spot where the new construction for the office of the Assistant Commissioner had been raised. It was also not clear that as to where the approach road was ? The parties were, therefore, asked to get their plans prepared showing the exact location of the construction and the approach road.

4. 1 have heared the learned counsel for the parties today and have also gone through the record.

It is admitted in the parawise comments as well as before me today that the office of the Assistant Commissioner has already been constructed behind the Zailghar and Veterinary Hospital. The purpose for which the land of the petitioners was going to be acquired has, therefore, been fulfilled already. The impugned Notification has thus lost its purpose and can no longer be given effect to.

5. The learned counsel for the respondents then submitted that the land in question was required for an approach road to the office of the Assistant Commissioner. The plan prepared by the petitioners shows that there is already an access to the office of the Assistant Commissioner, It was then submitted that the land would be used for the construction of Bar Room and Civil Courts and that funds for the purpose have already been allocated. It was submitted that the funds would lapse if this petition is accepted on a mere technical ground. It is to be noted that the contention raised by the petitioners is not purely technical. The law empowers the respondent to acquire property for particular public purpose and it has to be used for the same. The land in question was sought to be acquired for ,4 the office of the Assistant Commissioner. That purpose has already been fulfilled. The Notification under section 4 will therefore, lapse. In case another public purpose has now come up to be looked after, the respondent has got ample power to issue fresh Notification for this or any suitable land that may be there.

For the reasons given above, the Notification referred to above, seeking to acquire the land of the petitioners as described above is declared to be without lawful authority and of no legal effect.

There will, however, be no order as to costs.