Law:

Section: 2 , 3

  West Pakistan Requisitioning of Immovable Property (Temporary Powers) Act (VII of 1956)--- ----5. 3---Constitution of Pakistan (1973), Arts.203-F(1) & 203-D-- Repugnancy to Injunctions of Islam--------------------------------------------------------------------------- Words "for the use of any of the officers" occurring in S.3 and powers of the Provincial Government to requisition a building for the use of an officer as contemplated by the said section 3 are repugnant to the Injunctions of Islam. The words "for the use of any of the officers" occurring in section 3 are repugnant to the Injunctions of Islam. The power of the Provincial Government to requisition a building for the use of an officer, as contemplated in section 3 of the Act 1956 is repugnant to the Injunctions of Islam. If the Government wishes to provide residence to an officer, the same should be acquired on the, basis of a contract of lease with the.. free will of the owner, as any other person would have acquired it for his own benefit. There is no reason why a Government official should enjoy an arbitrary position to compel the private owners to surrender their buildings for his personal use. It is evident that the Government does not requisition the houses for all its officers. There are officers for whom the houses are hired on the market rate. There are others to whom a house rent allowance is paid. There are still others who are not provided with residence at all. All these options being open to the Government with regard to the different categories of its officials, there is nothing to necessitate the requisition for some of its officials as distinguished from the others. The requisition can only be allowed in a case of extreme necessity or a genuine collective need which cannot be fulfilled by resorting to other available resources.   Even in the cases of necessity or genuine collective need, the requisition can be allowed on the basis of fair market rent. The reasonability or otherwise of the rent cannot be settled arbitrarily. A "reasonable" rent fixed by one of the two parties unilaterally may be totally unreasonable for the other party. A…