2025 PLP 2516 (YLR)

Ch. Muhammad Iqbal, J.

Through this single judgment, I intend to decide the titled Writ Petition [No.60060/2022] and Writ Petition No.32278/2023 as common questions of law and facts are involved in these cases.

2. Brief facts of these cases are that the respondent No.6/Vice Chancellor, University of Narowal requested the Provincial Government for the acquisition of land measuring 336 Kanal 19 Marla situated in Moza Kaka Padda, Tehsil and District Narowal for the purpose of "Establishment of Doctor Ashfaq Ahmad Khan National Centre in Basic Sciences at University of Narowal at village Kaka Padda, Tehsil and District Narowal". On the basis of aforesaid request, the Land Acquisition Collector, Narowal issued notification under Section 4 of the Act ibid in respect of the aforesaid land on 30.10.2018 which was gazetted on 14.01.2019. Thereafter, notification under Section 5 of the Act ibid was issued on 14.02.2023 which was gazetted on the same day. On 04.05.2023, notification under Section 6 of the Act ibid was issued, which was gazetted on the same day. Later on, notices under Section 9 of the Act ibid were issued to the land owners on 05.05.2023 and in response to the said notices, objections were filed by the land owners. Due to pendency of the instant Writ Petitions, the award of the land in question was not announced. In both these writ petitions, notifications issued under Sections 4 and 5 of the Act ibid in respect of the land in question by the respondents have been challenged by the petitioners.

3. Arguments heard. Record perused.

4. The issue raised in this petition is regarding intention of the government for acquiring of land in question under Land Acquisition Act, 1894. It would be expedient to consult the preamble of the Act ibid, which reads as under: "Whereas it is expedient to amend the law for the acquisition of land needed for public purposes and for Companies and for determining the amount of compensation to be made on account of such acquisition." The purpose of Act ibid is to acquire land for public purposes. Under Section 4 of the Act ibid, government is competent to show its intention to acquire any piece of land for a public purpose. The term "public purpose" has been defined in Black's Law Dictionary (5th Edition) as under: "A public purpose or public business has for its objective the promotion of the public health, safety, morals, general welfare, security, prosperity and contentment of all the inhabitants or residents within a given political division, as, for example, a State, the sovereign powers of which are exercised to promote such public purpose or public business." Through the publication of notification under Section 4 of the Act ibid, the government has shown its intention to establish an educational/science centre at the land in question which will undoubtedly benefit the general public. Under Section 5 of the Act ibid, the officer so authorize shall at the time of such entry pay or tender payment for all necessary damage to be done. Further, under Section 5-A of the Act ibid, every interested person in the acquisition proceedings [i.e. land owner] can file objections against notification under Section 4(1) of the Act ibid and thereafter, the provincial government if satisfied issue notifications under Section 6 of the Act ibid which shall be conclusive evidence that land is needed for public purpose. In this case, the provincial government, after due process issued notification under Section 6 of the Act ibid on 04.05.2023. which was gazetted on the same day. Thereafter, notices under Section 9 of the Act ibid were issued to the land owners on 05.05.2023 to file objections which are still pending before the concerned authorities. This Court has elaborately discussed this issue in a judgment cited as Messrs Eden Developers (Pvt.) Ltd. v. Government of the Punjab and others (PLD 2017 Lahore 442) as under: "6....There is no cavil or cudgel that the Provincial Government is fully vested with the power to issue a preliminary Notification expressing its intention for the acquisition of land likely to be needed for any public purpose. Section 4 of the Land Acquisition Act. 1894 is as under:- "

4. Publication of Preliminary notification and powers of officers thereupon. (1) Whenever is appears to the [Provincial Government] that land in any locality [is needed or] is likely to be needed for any public purpose, a notification to that effect shall be published in the official Gazette, and the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality. (2) Thereupon it shall be lawful for any officer, either generally or specially authorised by such Government in this behalf, and for his servants and workmen,--to enter upon and survey and take levels of any land in such locality; to dig or bore into the sub-soil; to do all other acts necessary to ascertain whether the land is adapted for such purpose; to set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon; to mark such levels, boundaries and the line by placing marks and cutting trenches; and where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle Provided that no person shall enter into any building or upon any enclosed Court or garden attached to a dwelling-house unless with the consent of the occupier thereof without previously giving such occupier at least seven days' notice in writing of his intention to do so." Undoubtedly, the sanctity of the public purpose gathers supremacy over the individual interest. Public purpose varies with the time, place and need of the society which furthers the general interest of the community as opposed to the particular interest of the individual. Though the exact meaning of public purposes conclusively is not available in the statute and it is most pertinent to demonstrate the probable, alike, synonymous literal meaning of the same which would be quite beneficial to understand the issue. The term 'Public Purpose' has been defined in Black's Law Dictionary (5th Edition) as under:- "A public purpose or public business has for its objective the promotion of the public health, safety, morals, general welfare, security, prosperity and contentment of all the inhabitants or residents within a given political division, as, for example, a State, the sovereign powers of which are exercised to promote such public purpose or public business." The Land Acquisition Act, 1894 is a special law which had been enacted for the acquisition of land for public purposes. This Act is based upon the doctrine of "Salus populi suprema lex" that the interests of the public are supreme and that the private interests are subordinate to the interest of the state. Further, the public purpose has already received different approach of meaning according to the time, place and need of the society which can only be ascertained and defined by the government and if a government reaches conclusion and declares an object as a public purpose than it obtains the status of a part of the state services and its benefit would be extendable, un-discriminately to a community or public at large and such determination of public purpose would be treated as final. The acquisition of land other than for public purposes will be ultra vires of provision of Article 24 of the Constitution of the Islamic Republic of Pakistan as well as the Land Acquisition Act, 1894 and under the law there is no scope for acquisition of land other than for public purpose. The object of Notification under Section 4 of the Act discloses only the intention and need of the Govt. which is issued to give notice to public at large that land subject matter of Notification is required for public purposes, such Notification is merely an introductory measure, tentative in nature and furnishes the foundation of subsequent proceedings for acquisition. Further, it is a caution to the public that any transaction/alienation made subsequently would be at the risk and cost of the respective parties. Purpose of such Notification is to carry on preliminary investigation to find out whether said land is required for that very public purpose or otherwise. The government through such Notification expresses its tentative primary intention to acquire land for public purposes which could not be considered as conclusive and ultimate decision of the government rather it is a precautionary notice/warning to the public at large. The Hon'ble Supreme Court of Pakistan resolved this issue in a case reported as Muhammad Ashiq and Another v. Water and Manpower Development Authority, Lahore through Chairman, WAPDA House and another (PLD 2008 SC 335) and held as under:- "It may be explained here that notification issued under Section 4 of the Land Acquisition Act, in fact, empowers the Provincial Government and its officers specially or generally to enter upon the lands, to take its survey and to perform other acts as contained in the above noted section. In other words, the notification issued and published under this section 4 of Land Acquisition Act, 1894 is a preliminary step which facilitates the Government and its officers not only to perform survey of the land but to decide and determine as to which piece of land was finally required to be acquired and the land to be left ultimately for the purpose of acquisition, keeping in view the aim and purpose for which the land was being acquired. Therefore, the notification which was got published under section 4 of the Land Acquisition Act, could not be termed as an ultimate and final decision of the Government to acquire the land notified in the aforementioned Notification." Further reliance in this regard is placed on a judgment of the Hon'ble Supreme Court of Pakistan titled as Government of Khyber Pakhtunkhwa through Chief Secretary and others v. Muhammad Khurshid (2021 SCMR 369).

5. As regard the argument of learned counsel for the petitioners that the land in question is valuable land and has great market value but the respondents have wrongly fixed less value of the land, which is illegal. Perusal of these petitions shows that the petitioners have not agitated this objection in these petitions. Even otherwise, a complete mechanism for redressal of grievance of an aggrieved person regarding land acquisition proceedings has been provided in Land Acquisition Act, 1894 as such these acquisition proceedings cannot be assailed through constitutional petition. This Court while exercising constitutional jurisdiction is not supposed to hold an inquiry or probe the matter which is factual in nature. Reliance in this regard is placed on Muhammad Ramzan v. National highway Authority through Secretary (Works and Communications), Islamabad and 5 others (2009 CLC 128). The judgment relied upon by the learned counsel for the petitioners are not applicable to these cases and are distinguishable.

6. In view of above, all the proceedings of acquisition made by the respondents according to the provisions of the Land Acquisition Act, 1894 and both the learned counsel for the petitioners failed to bring on record any material irregularity, illegality or jurisdictional defect in these proceedings.

7. Resultantly, both these writ petitions being devoid of any merit are hereby dismissed. SA/H-6/L Petition dismissed.