Law: Land Acquisition Act, 1894

Section: 4, 17 (4), 6

Law: Law Reforms Ordinance, 1972

Section:

Tag Line: 

• Intra Court Appeal under the Law Reforms Ordinance, 1972. Acquisition of private land for public purpose. Notification under Section 4 of the Land Acquisition Act, 1894 issued. The land owners challenged the notification through Writ Petition. Thereafter, normal procedure of acquisition was dispensed with and straightway notification under Section 17(4) & 6 of the Act ibid was issued. Application under order VI Rule 17 CPC for amendment to the impugn the subsequent notification in the writ petition was yet pending but the learned Single Judge in Chamber while taking suo moto action allowed the main writ petition and declared above notification as ultra vires, whereas such jurisdiction is not available with the High Court. ICA allowed.

SUMMARY OF THE JUDGMENT

1. Limitation Objection Rejected

• The ICA was filed within 20 days, as required under Rule 4, Chapter 1-A, Vol-V Lahore High Court Rules read with Art. 151 Limitation Act, 1908.
• Certified copies of the impugned order are not mandatory for filing ICA.
  (Relied on 2019 CLC 1156; PLD 2013 Lahore 269)

2. Validity of Notification under Section 4 LAA

• Notification under Section 4 of the Land Acquisition Act, 1894 was issued for public purpose (PAF Operational Expansion).
• Co-signing of notification by Director Revenue (Air HQ) was a procedural irregularity, not a ground to nullify acquisition.
• Section 4 notification is only an expression of intent, not a final decision.
  (Relied on PLD 2017 Lahore 442; PLD 2008 SC 335; PLD 2004 Lahore 47)

3. Observance of Land Acquisition Rules, 1983

• Application of Rules 3–6 of Punjab Land Acquisition Rules, 1983 was considered sufficient.
• Collector examined feasibility and genuineness of public purpose before issuing Section 4 notice.

4. Subsequent Representations and Notifications

• Landowners had earlier filed multiple writ petitions challenging Section 4 notification.
• These were treated as representations and were rejected by the Deputy Commissioner on 10.02.2022.
• Consequently, Section 17(4) & 6 notifications were lawfully issued on 24.02.2022 (urgent acquisition).

5. Prayer in Writ Petition Not Amended

• The writ petition (2576/2022) challenged Section 4 notification only.
• Section 17(4) & 6 notifications issued later were NEVER added through amendment.
• Application challenging Section 17(4)/6 was filed but never allowed. Therefore, the Single Judge could not adjudicate upon it.

6. High Court Has No Suo Moto Jurisdiction

• The Single Judge struck down acquisition on environmental grounds suo moto, even though respondents had never pleaded or argued environmental issues.
• The Division Bench held this was beyond Article 199 jurisdiction.

Relied on:

• 2024 SCMR 1258 (Abdullah Jumani case)
• PLD 2023 SC 236 (Sadiq Poultry)
• PLD 2021 SC 571
• 2014 SCMR 122
• PLD 2024 SC 610
  → High Courts cannot take suo moto notice.

7. Defence Purpose Is a Valid Public Purpose

• Land was acquired for expansion of PAF Base, Multan, which is a recognized public/defence purpose.
• Courts cannot interfere where acquisition is for defence needs unless mala fide is shown — none was proven.

Relied on:

• 2013 YLR 1713
• 1982 SCMR 1078
• 2014 SCMR 1187

📌 FINAL HOLDING

• Intra Court Appeal allowed.
• Judgment dated 12.05.2022 of the Single Judge is set aside.
• Writ Petition No.2576/2022 dismissed.
• Acquisition for PAF declared valid, lawful, and complete.

📌 RELEVANT LAW & SECTIONS CITED

Land Acquisition Act, 1894

• Section 4 – Preliminary notification (intention to acquire)
• Section 5 & 5-A – Hearing of objections (dispensed under urgency clause)
• Section 6 – Final declaration of acquisition
• Section 17(1), 17(2), 17(4) – Urgency provisions allowing immediate possession & bypassing Section 5-A

Punjab Land Acquisition Rules, 1983

• Rules 3–6 – Procedure relating to request for acquisition, feasibility, and issuing Section 4 notification

Lahore High Court Rules

• Rule 4, Ch.1-A, Vol-V – 20-day period for ICA

Limitation Act, 1908

• Article 151 – Appeals from decrees/orders of High Court under original jurisdiction
• Section 12 – Exclusion of time to obtain copies

Constitution of Pakistan

• Article 199 – High Court writ jurisdiction
  (No suo moto powers)
• Article 184(3) – Suo moto jurisdiction exclusively for Supreme Court
• Article 24 – Protection of property (allows compulsory acquisition for public purpose)

ORDER;