| Citation(s) |
|---|
| 1964 SLG 3675 = 1964 SLD 3675 = 1964 PLD 1 |
Supreme Court of Pakistan
Civil Appeal No. 8-D of 1963, decided on 9th August 1963.
Presented By: A. R. Cornelius, C. J., S. A. Rahman, Fazle-Akbar, B. Z. Kaikaus and Hamoodur Rahman, JJ
Maksumul Hakim Advocate-General East Pakistan (K. A. Bakr Advocate Supreme Court with him) instructed by A. Wadud Mian Attorney for Appellants. S. R. Pal Senior Advocate Supreme Court (Mazhar Hossain Advocate Supreme Court with him) instructed by S. M. Abbas, Attorney for
Respondents. Dates of hearing : 7th, 8th and 9th August 1963.
Civil Appeal No. 8-D of 1963, decided on 9th August 1963.
Presented By: A. R. Cornelius, C. J., S. A. Rahman, Fazle-Akbar, B. Z. Kaikaus and Hamoodur Rahman, JJ
Maksumul Hakim Advocate-General East Pakistan (K. A. Bakr Advocate Supreme Court with him) instructed by A. Wadud Mian Attorney for Appellants. S. R. Pal Senior Advocate Supreme Court (Mazhar Hossain Advocate Supreme Court with him) instructed by S. M. Abbas, Attorney for
Respondents. Dates of hearing : 7th, 8th and 9th August 1963.
PROVINCE OF EAST PAKISTAN AND OTHERS- Appellants
VERSUS
ABDUS SOBHAN SOWDAGAR AND ANOTHER Respondents
Law:
Section:
(On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 26th February, 1962, in Writ Petition No. 84 of 1961). East Bengal (Emergency) Requisition of Property Act (XIII of 1948)--- ---[as amended by East .Bengal (Emergency) Requisition of Property (Amendment) Ordinance, 1960], S. 3-"Public purpose"-- Question justiciable both before and after amendment of S. 3-- Opinion of District Magistrate-Not lightly to be disturbed by High Court exercising writ jurisdiction-Constitution of Pakistan (1962), Art. 98. East Bengal (Emergency) Requisition of Property Act (XIII of 1948)------ --- S. 3-Authority before requisition not bound to try to obtain suitable land by private negotiation nor mere existence of other suitable plots any bar to requisition of property. East Bengal (Emergency) Requisition of Propery Act (XIII of 1948)------ --- [as amended by East Bengal (Emergency) Requisition of Property (Amendment) Ordinance, 1960], S. 3-Order of requisition passed by District Magistrate without proper inquiry-Inquiry subsequently held-Order not invalid-Order even without sufficient inquiry, unassailable if property in fact be required for public purpose. East Bengal (Emergency) Requisition of Property Act (XIII of 1948)------- --- Ss. 3 & 5-Property requisitioned for immediate and imperative necessity-Authority ultimately intending to acquire it permanently, does not render requisition illegal. Moosa Haji Abdus Shakoor Subasha and another v. Province of East Pakistan and others P L D 1960 Dacca 691 ref. JUDGMENT B. Z. KAIKAUS, J.-This is an appeal by special leave against the judgment of the High Court of East Pakistan setting aside in the exercise of writ jurisdiction an order of requisition of property made by the Additional District Magistrate, Chittagong, under section 3 of the East Bengal (Emergency) Requisition of Property Act. On the 14th March 1960, the Additional District Magistrate of Chittagong received a letter from the Registrar, Co-operative Societies, East Pakistan, stating that the Government as a measure for increase of…