Law:

Section:

(a) Constitution of Pakistan (1962), Art. 98 read with East Bengal (Emergency) Requisition of Property Act (XIII of 1948), S. 3- Scope of powers of High Court under Art. 98 in regard to requisition of accommodation for public purpose-Constitution of Pakistan (1962), Art. 58(3)-Leave to appeal refused against High Court's order under Art. 98 declining to interfere with order of requisition.Under Article 98, Constitution of Pakistan (1962), in a case of requisition of property [e.g., under section 3, East Bengal (Emergency) Requisition of Property Act, 1948], it is not for the High Court to decide what accommodation is necessary, nor how it is to be provided, for the necessities of the administration. Placing of details before the Court as to what was available, or how in detail the administrative official responsible for provision of accommodation performed his task, was purposeless, for to revise his performance is entirely beyond the scope of the Court's powers. The revision lay with his own superiors, who on being approached, as provided by statute, received information regarding the whole position from the petitioner, besides that available to them through Government agencies, and approved the action of the officer on the spot. No fault can be found with the procedure followed by the authorities. The result was one which it was within their lawful authority to reach. Leave to appeal, therefore, was refused by Supreme Court against High Court's order under Art. 98, Constitution of Pakistan (1962) declining to interfere with order of requisition. (b) East Bengal (Emergency) Requisition of Property Act (XIII of 1948), S. 2(1) - "Deputy Commissioner" includes "Additional Deputy Commissioner"-Authorisation to exercise powers of Deputy Commissioner is necessary only in case of Assistant Commissioners and Extra Assistant Commissioners-No delegation of powers to requisition property necessary in case of Additional Deputy Commissioner-Mention, by Additional Deputy Commissioner, of delegation of powers by Provincial Government, in order of requisition, held to be only "otiose or surplusage" and without effect on validity of order. The wording of section 2(1), East…

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