TEHSIL MUNICIPAL OFFICER, MUNICIPAL ADMINISTRATION ABBOTTABAD vs GOVT. OF PAKISTAN MINISTRY OF DEFENSE and others
This petition challenged a judgment of the Peshawar High Court which upheld a Federal Government notification including certain areas within the limits of the Abbottabad Cantonment Board. The petitioner, the Tehsil Municipal Officer, contended that the notification was illegal and issued without lawful authority, specifically alleging non-compliance with the procedural requirements of the Cantonments Act, 1924, regarding the declaration of intention to include local areas within cantonment limits. The core legal question was whether the Federal Government followed the mandatory statutory procedure for extending cantonment boundaries. Upon review, the Supreme Court found that the Federal Government had duly issued a notification under Section 4(1) of the Cantonments Act, 1924, inviting objections, and subsequently issued the final notification under Section 4(3) of the Act after the requisite period had elapsed. The Court held that the procedure was followed in accordance with the law and that the petitioner failed to demonstrate any illegality or misreading of the record. Consequently, the Court dismissed the petition and refused leave to appeal, affirming the validity of the cantonment boundary extension.
- Does the inclusion of local areas within cantonment limits require a prior notification of intention under the Cantonments Act, 1924?
- Is a notification issued under Section 4(3) of the Cantonments Act, 1924, valid if it follows the expiration of the objection period prescribed by Section 4(1)?
- Can a municipal authority challenge the Federal Government's notification regarding cantonment boundary extensions on procedural grounds?
- 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/D6(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 Cantonment 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 within 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.