TEHSIL MUNICIPAL OFFICER, ABBOTTABAD vs GOVERNMENT OF PAKISTAN, MINISTRY OF DEFENCE and others
This petition is directed against the judgment of the Peshawar High Court, Abbottabad Bench, which dismissed the writ petition challenging the notification issued by the Federal Government regarding the inclusion of certain municipal areas into the limits of the Abbottabad Cantonment Board. The core legal question was whether the notification issued under section 4(3) of the Cantonments Act, 1924 was unlawful due to non-compliance with statutory procedures. The Supreme Court held that the Federal Government duly complied with the statutory requirements by issuing a preliminary notification under section 4(1) of the Cantonments Act, 1924, inviting objections, and subsequently issuing the notification under section 4(3) after the requisite period. The ratio decidendi is that a notification for the inclusion of areas within a cantonment is valid if issued in strict compliance with the procedural mandates of section 4 of the Cantonments Act, 1924. The key principle laid down is that concurrent findings of lower courts regarding the lawfulness of administrative notifications, absent any illegality, misreading, or non-reading of record, do not warrant interference by the apex court.
- Whether the Federal Government can include local areas within cantonment limits without issuing a prior notification inviting objections?
- Does the issuance of a notification under section 4(3) of the Cantonments Act, 1924 require prior compliance with the procedure prescribed in section 4(1)?
- Section 4(1), Cantonments Act 1924
- Section 4(3), Cantonments Act 1924
ORDER
ABDUL HAMEED DOGAR, J.--- This petition is directed against the judgment, dated 5-3-2003 of a learned Division Bench of the Peshawar High Court, Abbottabad Bench, Abbottabad passed in Writ Petition No,4 of 2003 whereby legality of Notification No,F.134/1/ G/SO(c)/ML&C/66/1804/D-6(A- VI)2002, dated 2-12-2002 issued by the Federal Government was called in question but the same was turned down on the ground that it was issued by the lawful authority and the areas were included in the limit of Abbottabad Cantonment Board rightly.
2. Briefly, stated, facts giving rise to the filing of instant petition are that respondent No,4 Cantonment Board, Abbottabad through its Executive Officer vide advertisement published in Daily "Mashriq" Peshawar dated 27-11-2002 informed the public-at-large that certain areas of municipal limits have been included in Cantonment Board Abbottabad. The moment he got the knowledge of such publication he obtained its copy. The said notification was challenged in writ petition on the ground of being illegal and without lawful authority as the provisions of section 4(1) of the Cantonments Act, 1924 (II of 1924) (hereinafter referred to as 'the Act') has not been complied with whereby Federal Government may by notification in the official Gazette declare its intention to include with the Cantonment limits any local area and then on expiry of six weeks from the date of notification and after considering the objections, if any, can issue the notification under section 4(3) of the Act.
3. We have gone through the impugned judgment and perused the record in minute particulars.
The Federal Government issued notification under section 4(1) of the Act, 1924 on 22-4-2002 and invited objections to the proposed inclusion of the area in the Cantonment limits. It was after requisite period of six months the notification in question was issued under section 4(3) of the Act well within law. Though argued yet learned counsel for the petitioner failed to point out any illegality, misreading or non-reading in the impugned judgment warranting interference by this Court. Accordingly, the petition being devoid of any substance stands dismissed and leave to appeal refused.