Mst. SHAHNAZ BEGUM and others vs HOME DEPARTMENT and others
This constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, challenges a notification issued by the Home Department under Section 3 of the West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act, 1956, whereby a property used for an educational institution was requisitioned. The core legal question was whether a building used for imparting education through private educational institutions could be lawfully requisitioned under the Act. The Lahore High Court held that, in light of the second proviso to section 3 of the Act and the fact that the property had been continuously in use as an educational institution prior to the nationalization of schools under Martial Law Regulation 118, the requisition order was uncalled for and illegal. Consequently, the court declared the impugned notification to be without lawful authority and of no legal effect, accepting the writ petition. The key principle laid down is that buildings used for imparting education through private educational institutions are protected from requisition under the relevant statutory provisions.
- Can a building used for imparting education through private educational institutions be lawfully requisitioned under Section 3 of the West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act, 1956?
- Whether a requisition notification issued in violation of the second proviso to section 3 of the West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act, 1956 is without lawful authority and of no legal effect?
- Article 199, Constitution of Islamic Republic of Pakistan 1973
- Section 3, West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act 1956
' This petition under Article 199 of the Constitution of Islamic Republic of Pakistan calls in question the notification dated 4-4-1978 issued by the Secretary to the Government of the Punjab, Home Department, in the purported exercise of his power under Section 3 of the West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act, 1956, whereby property No,1020-1021 situate in Lohari Gate, Lahore was requisitioned for an educational institution.
2. It is an admitted fact that prior to nationalization of schools by virtue of M L R 118, the property in dispute had been continuously in use as educational institution and, therefore, the same was not open to requisition by virtue of the second proviso to section 3 of Act VII of 1956 which provides that no building which is used for imparting education through the private educational institutions should be requisitioned. To the same effect is the judgment earlier delivered by me in Mian Muhammad Aslam v. The District Education Officer (1991 MLD 511).
3. When faced with this, Rana Muhammad Arshad, learned Additional Advocate-General appearing on behalf of the respondents has frankly conceded that the order of requisition in the facts and circumstances of the present case was uncalled for. I am also inclined to agree with him.
In view of the above, the impugned notification requisitioning the property in dispute vide order dated 4-4-1978 passed by respondent No,1 is hereby declared as without lawful authority and of no legal effect. The writ petition is accepted, with no order as to costs.
Cited by 3 cases
- Khawaja MUHAMMAD SALEEM and 3 otherss vs HOME DEPARTMENT, GOVERNMENT OF PUNJAB through Secretary Home, Lahore and anothers 2006 YLR 2462
- Syed GHULAM MOHY-UD-DIN SHAH vs GOVERNMENT OF PUNJAB and others 1995 CLC 1998
- (Ch.) MUHAMMAD YOUNAS vs PROVINCE OF PUNJAB Etc. (K.L.R. 1994 Revenue Cases I6)