MIRZA KHAN vs THE PROVINCE OF PUNJAB
The petitioner, a plaintiff in a suit for permanent injunction, sought leave to appeal against the Lahore High Court's rejection of his revision petition. The petitioner had sought to restrain the provincial government from acquiring his land, primarily contending that he was not served with a personal notice under Section 9(3) of the Land Acquisition Act, 1894. The trial court and appellate court refused the temporary injunction, finding that the statutory notice requirements were met, the petitioner's case was prima facie weak, and the balance of convenience favored the public purpose acquisition. The High Court affirmed these findings, noting that the petitioner had refused service of the notice and that possession had already been taken and announced publicly. The Supreme Court upheld the High Court's decision, ruling that the prima facie findings of fact did not suffer from any legal defect and that the essential ingredients for a temporary injunction—namely, a prima facie case, irreparable loss, and balance of convenience—were not satisfied.
- Whether the failure to serve a personal notice under Section 9(3) of the Land Acquisition Act 1894 invalidates acquisition proceedings if a public notice was given and the party refused to receive personal service?
- What are the essential conditions that must be concurrently satisfied for the grant of a temporary injunction in matters of public land acquisition?
- Can a temporary injunction be granted when the balance of convenience and irreparable loss do not favor the petitioner, even if there is an issue raised regarding statutory notice?
- Section 9(3), Land Acquisition Act 1894
- Section 9, Land Acquisition Act 1894
ORDER
1. ' MUHAMMAD AFLAL ZULLAH, J.-.A plaintiff has, through this petition for leave to appeal called in question the order passed by the Lahore High Court on 29th May, 1979 rejecting his revision, against refusal of the learned lower Courts to grant him temporary injunction.
2. ' The petitioner had filed a suit for permanent injunction for restraining the respondents (Provincial Government and its functionaries) from "occupying/acquiring" his land. His main plea was that a personal notice under section 9 (3) of the Land Acquisition Act, 1894 as distinguished from a public notice, was not served on him. The learned trial Judge dismissed the application for temporary injunction on a finding that section 9 of the Act had been complied with. In appeal it was held that petitioner's case was prima facie weak and that the land having been acquired for public purpose, balance of convenience was not in his favour. A learned Single Judge in the High Court held : that not only a notice was given as a 'public notice' but also that "it was duly served upon the persons interested in the land" ; that "Mirza Khan petitioner was duly informed of the notice but he refused to receive the same" ; that according to a report "possession of the land sought to be acquired, inter alia, including the land in dispute was taken on the spot and this factum was also notified to all concerned through the beat of drum" ; and lastly that all the three necessary conditions for grant of temporary injunction are not satisfied in this case.
3. Same arguments relating to questions of fact which were determined by the High Court, have been raised in support of this petition. It is true that the copy of the personal notice served on the petitioner under section 9 (3) of the Act was not placed before the learned trial Court nor was it specifically noticed by the learned appellate Court ; but this aspect of the case was carefully examined by the High Court in revision. The prima facie findings of fact by the High Court in this behalf do not suffer from any defect of law or principle of universal application. We also agree with the learned lower Courts that apart from the prima fade strength of the case, the other two important conditions for grant of temporary injunction, vi:. Irreparable loss and balance of convenience are not satisfied. This petition has no force and is accordingly. Dismissed.