MUHAMMAD ANWAR TIPPU vs G. M., PAKISTAN RAILWAYS and others
This matter comes before the Supreme Court of Pakistan upon a petition filed by Muhammad Anwar Tippu against the General Manager, Pakistan Railways and others. During the hearing, the petitioner sought time to vacate the disputed premises on the condition that utility bills be charged at normal rates. Considering all aspects of the case, the Court converted the petition into an appeal and disposed of it by granting the petitioner time until 24-6-2003 to hand over vacant possession to the respondent Pakistan Railways. The Court directed that normal tariff charges, instead of commercial rates, be applied for the use of the premises and utility bills during this period. It further held that failure to vacate by the stipulated date would empower the Railway Authorities to secure vacant possession through police force without notice and to charge commercial rates. The key principle laid down is that the Court may mould relief by granting reasonable time for vacating premises upon agreed terms while stipulating default consequences.
- Can the Supreme Court convert a leave petition into an appeal and grant time to vacate premises?
- Are railway authorities entitled to charge commercial rates for premises if not vacated within the stipulated time?
- Can railway authorities use police force without notice to get premises vacated upon default of a court undertaking?
ORDER
' TANVIR AHMED KHAN, J.-After arguing the case for some time the petitioner has made a prayer that he would vacate the disputed premises provided some time is given for the same and the utility bills be charged at normal rates.
2. We have taken into consideration all the aspects of the case. Accordingly we grant four months time to the petitioner to vacate the premises and the department would charge normal rates qua the utility bills. In view of what has been stated above this petition is converted into appeal and is disposed of with the direction that the petitioner shall hand over vacant possession of the premises to the respondent Pakistan Railway on or before 24-6-2003 and would pay the normal tariff charges instead of commercial rates for the use of the premises inclusive of utility bills.
3. If the aforesaid premises is not vacated within the stipulated period i.e, on or before 24-6-2003, in that eventuality the Railway Authorities would be well within their rights to get the premises vacated through police force, if necessary, without any notice to the petitioner and would also be entitled to charge the commercial rates.
' The appeal stands disposed of in the terms stated above with no order as to costs.