PAKISTAN Through Secretary, Ministry Of Defence And Others vs Late Ch.
This matter concerns four petitions for leave to appeal filed by the Government of Pakistan against judgments of the Lahore High Court. The respondents, claiming to be occupancy tenants, alleged their lands were requisitioned in 1942 under the Defence of India Act, 1939, for an aerodrome, but that compensation ceased after 1946 without proper acquisition proceedings. The respondents successfully sued in Civil Court for a declaration that the acquisition and arbitration proceedings were illegal and for recovery of lease money. The Supreme Court observed that the Government failed to produce the relevant notification under the Defence of India Act, 1939, or the Requisitioned Land (Continuance of Powers) Ordinance, 1946, to substantiate the acquisition. Given the aerodrome's construction and the uncertainty regarding compliance with legal formalities, the Court granted leave to appeal. The Court directed the Deputy Attorney General to locate and produce the official records and notifications concerning the acquisition proceedings to determine whether the legal requirements for land acquisition were satisfied.
- Can the government claim land acquisition without producing the relevant statutory notification?
- Is a civil court competent to declare acquisition proceedings illegal if the government fails to prove compliance with statutory formalities?
- What is the duty of the state to produce official records when the legality of land acquisition is challenged?
- Defence of India Act, 1939
- Requisitioned Land (Continuance of Powers) Ordinance, 1946
ORDER
RUSTAM S. SIDHWA, J.--This order will dispose of four petitions, namely, C.P.L.A. Nos.171-R, 181-R, 182- R and 183-R of 1989, filed by the Government of Pakistan, seeking leave to appeal against four separate judgments passed by the Lahore High Court all dated 11-12-1988.
2. Respondents in all these four cases claim to be occupancy tenants of Chak No. 24 Janubi, Tehsil and District Sargodha. It is their case that in 1942 their lands were requisitioned under the Defence of India Act, 1939, and the Rules thereunder, for the construction of an aerodrome, and they were paid yearly lease money as compensation upto 1946. It is further alleged by them that after 1946 the yearly lease money was not paid, under the pretext that the land had been acquired and that though no notification of acquisition had been issued, the petitioners had appointed an arbitrator who had worked out compensation payable to them, all of which action they considered to be illegal and without lawful authority. The respondents through separate suits filed by them called upon the Civil Court to declare the so-called acquisition and arbitration proceedings as illegal and without lawful authority and by way of consequential relief prayed for a decree for recovery of lease money from the defendants at the rate of Rs.52 per killa from three years preceding the institution of the suit till its decision. All the said suits were decreed and the appeals and revisions filed by the petitioner were also dismissed.
3. We have heard the arguments of the learned counsel for the petitioners and the respondents in all the cases. This is an old matter that relates to the year 1946. It appears that the Pakistan Government was not able to locate and file the relevant notification under the Defence of India Act, 1939, or the Requisitioned Land (Continuance of Powers) Ordinance, XIII of 1946, acquiring the lands of the respondents in question for the purpose of the construction of the aerodrome in Sargodha.
Since the aerodrome has been constructed and the only question that remains is as regards whether legal formalities were complied with, when the acquisition proceedings were initiated, we grant leave to appeal in all these cases to look into the whole case. The appeals shall be heard on the basis of the present record. The Deputy Attorney General is directed to trace out the old record relating to the acquisition proceedings from the offices of the Collector, Sargodha, and the Commissioner, Sargodha, and to place the same on record. He should also trace out the relevant notifications that were issued in connection with the acquisition proceedings and also place the same on the record. Both the parties shall be at liberty to file such further documents which they consider necessary for the full and final disposal of the cases.