Law: Cantonment Land Administration Rules, 1937

Section: R.5(a)

Cantonment Land Administration Rules, 1937 --- ----R. 5---Class "A" Land---Commercial activities---Marquee built on Class "A" Land---Legality---Policy of Ministry of Defence with respect to Class "A-1" Land had been provided in a letter [No.F.2/5/D-12/ML&C/99, Government of Pakistan, Ministry of Defence, Rawalpindi, dated 02-04-2008]---Para No.2 of said letter clearly provided that essential commercial activities to be carried out on A-1 land were specifically confined to meet the requirement and serve the residents of respective garrison---Thus, very policy of the government seemed to be clear that no commercial exploitation of A-1 cantonment land was permissible and if any commercial activity was to be carried out, then the same was to be confined for meeting the requirement and service of the residents of respective garrison and not outsiders---Admittedly the marquee in question was being run as a commercial venture for all general public in direct contradiction of very policy of government in that the marquee was not essentially carrying out commercial activities required to serve the residents of the respective garrison---Further R.5 of the Cantonment Land Administration Rules, 1937, which dealt with Class "A" Land also specifically did not provide for using of A-1 land of the Cantonment Board for any commercial activity for that it was for actual use and occupation of military authorities for the purpose of fortifications, barracks, stores, arsenals, aerodromes, bungalows for military officers which were the property of government parade grounds, mihtary recreation grounds, golf courses, rifle ranges, grass farms, dairy farms, brick fields, CNG Stations, soldiers and hospital gardens as provided for in paragraph 525 of the Army Regulations and other officials requirements of the military authorities---Said Rules clearly manifested that A-1 cantonment land was only for use and occupation of military and could not be used and exploited for any commercial activities---Review petition was dismissed. THIS ORDER PASSED BY: GULZAR AHMED, J.--- We have heard Mr. Rasheed A. Rizvi, Senior Advocate Supreme Court for the petitioner, who has filed this Civil…

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