P L D 1988 Lahore 272 (PLP)

This is a constitutional petition filed by Rao Maqsood Ali Khan and Mst. Saira Begum, petitioners, for the quashment of gazette notifications dated 15‑10‑1985, 15‑12‑1986 and 21‑7‑1987 issued under sections 4, 35 and 4 respectively of the Land Acquisition Act, 1894, issued by the Collector, Sheikhupura District, the Commissioner, Lahore Division, and the District Collector, Sheikhupura, respectively.

2. The brief facts of the case are that the Sui Northern Pipelines Limited, respondent No.2, approached the Collector, Sheikhupura District, for acquisition of land for the purposes of construction of high pressure gas pipeline connecting, Sheikhupura with Gujranwala. Accordingly, the Collector, Sheikhpura District, vide notification dated 18‑9‑1985 (printed in the Punjab Gazette, Extraordinary, dated 15‑10‑1985) issued under section 4 of the Land Acquisition Act, 1894, notified that 310 Kanals of land in fifteen 'villages, including village; Qanoonagoi, was likely to be acquired for the company. The Commissioner, Lahore Division, by a notification, dated 26‑10‑1986 (printed in the Punjab Gazette, Extraordinary, dated 15‑12‑1986) issued under section 35 of the Land Acquisition Act, 1894, notified that 530 Kanals 8 Marlas of land in fifteen villages, including village Qanoonagoi, was requisitioned to, serve as working strip during construction of the Gas Pipeline by the Sui Northern Gas Pipelines Limited, respondent No.2 for a period not exceeding three years from the date of the said notification. Due to certain difficulties faced by the Sui Northern Gas Pipelines Limited in laying their gas pipeline in village Qanoonagoi, due to obstructions encountered by them, the track of the pipeline had to be altered. This necessitated the acquisition of fresh land and release of some already contemplated. Accordingly, the District Collector, Sheikhupura, vide Corrigendum notification dated 14‑7‑1987 (printed in the Punjab Gazette Extraordinary dated 21‑7‑1987) issued under section 4 of the Land Acquisition Act, 1894, notified that 323 Kanals 1 Marla of land in fifteen villages, including village Qanoonagoi, was likely to be acquired for the company. It is the case of the Sui Northern Gas Pipelines Limited, respondent No.2, that a fresh notification under section 35 of the Land Acquisition Act has already been issued by the Commissioner for the purposes of requisitioning land to serve as working strip, in view of the change in the track of the gas pipeline.

3. It is the case of the petitioner that under the first notification dated 18‑9‑1985, 6 Kanals of land belonging to the petitioner was being acquired, under the second notification dated 26‑10‑1986, 6 Kanals 17 Marlas of land was being requisitioned and under the third notification dated 14‑7‑1987, 11 Kanals and 3 Marlas of the petitioners' land was being acquired. It is submitted that after the first notification under section 4 of the Land Acquisition Act, 1894, was issued on 18‑9‑1985, the Collector did not submit his report to the Commissioner with regard to the area surveyed within sixty days from the date of the publication of the notification under section 4, as required by rule 6 of the Punjab Land Acquisition Rules, 1983. Likewise, no notification was issued by the Board of Revenue under section 5 of the Land Acquisition Act within a period of one year from the date of the notification under section 4, with the result that the acquisition proceedings came to an end, as provided by rule 8 of the Punjab Acquisition Rules, 1983. It is next submitted that corrigendum notification issued under section 4 of the Land Acquisition Act on 14‑7‑1987 back dated the proceedings to 18‑9‑1985 when the first notification under section 4 had been issued, and that it could not extend the period of time prescribed for the issue of the notification under section 5 and that, therefore, the acquisition proceedings should be deemed to have come to an end on 18‑9-1986. It is lastly submitted that as the notification under section 35 of the Land Acquisition Act issued on 26‑10‑1986 was ancillary to the main notification issued under section 4 on 19‑9‑1985, the said notification under section 35 also falls if the acquisition proceedings have come to an end.

4. On behalf of the respondents it is submitted that after notification under section 4 of the Land Acquisition Act was issued on 18‑9‑1985, the respondent Company had constantly been pressing the Collector to fix the estimated cost of the land, vide its letters dated 6‑5‑1986, 11‑5‑19869 16‑6‑1986, 2‑9‑1986, 4‑12‑1986, 25‑1‑1987 and 16‑6‑1987, but the Collector had not, done so, with the result that it could not deposit the estimated cost. Since the said cost was not deposited, it was not possible for the Board of Revenue to issue the notification under section 5 of the Land Acquisition Act. It is submitted that by virtue of Letter No.123‑85/1067‑SS, dated 12‑5‑1985 issued by the Board of Revenue, Punjab, to all the Commissioners of Divisions and Deputy Commissioners in the Punjab, time spent by the Collector's office in processing the land acquisition cases for working out the estimated cost would be allowed by the Board of Revenue to be excluded from the period of one year laid down in rule 7 of the Punjab Land Acquisition Rules, 1983, and, therefore, the case of the respondents is not time‑barred as the Collector's office has as yet to work out the estimated costs. In the alternative, it is submitted that the Corrigendum Notification issued under section 4 of the Land Acquisition Act on 14‑7‑1987 is not only a correction notification but a fresh notification under the said section as it reproduces afresh the total area proposed to be acquired for the respondent Company. In this view of the matter, it is submitted that the Board of Revenue still has one year from this date to issue notification under section 5 of the Land Acquisition Act, 1894, as provided by rule 8 of the Punjab Land Acquisition Rules, 1983. It is contended that the main gas pipeline being laid between Sheikhupura and Gujranwala is thirty six miles long, that thirty‑five miles of pipeline have been laid and that one mile of pipeline yet remains to be laid at broken spots, including that over the land of the petitioners in village Qanoonagoi. It is further contended that with the fresh notification issued under section 4 of the Land Acquisition Act having been issued on 14‑7‑1987, the estimated cost of the said land will be worked out on the basis of market value prevailing on 14‑7‑1987 and that the petitioner, therefore, should have no. grievance, as he would be receiving a higher value for his land. Lastly, it is submitted that the notification under section 35 of the Land Acquisition Act has no relevancy with acquisition proceedings and stands apart by itself and cannot be struck down as being ancillary to acquisition proceedings.

5. I have given my anxious consideration to this case. What appears is that Sui Northern Gas Pipelines Limited is laying the main gas pipeline from Sheikhupura to Gujranwala covering a distance of 36 miles. The pipe has been laid over a distance of 35 miles and a miles distance remains spread over small tracts, including village Qanoonagoi, where the petitioners have their arable land. According to the petitioners, 11 Kanals and 3 Marlas of their land is affected by the Corrigendum Notification dated 14‑7‑1987, whereas according to the respondents it is only 4 Kanals 19 Marlas. What is actually being acquired is a thin strip 4 Karams vide running over 36 miles of terrain. On either side of the land acquired, another strip 7 Karams vide is being requisitioned under section 35 of the Act as working strip to enable the respondent Company to carry out its work.

6. This is a case relating to acquisition of land by a Company, for a public purpose. After a notification under section 4 of the Land Acquisition Act is issued, the Collector has to take steps to have the area surveyed and submit his report to the Commissioner not later than sixty days from the date of the publication of the said notification, as required under rule 6 of the Punjab Land Acquisition A Rules. Under rule 8 of the said rules, the Commissioner, on receipt of the survey report of the Collector, has to forward the same to the Board of Revenue with his comments, if any. The Board of Revenue has to issue the notification under section 5 within a period of a year from the date of the notification under section

4. If not such notification is issued, the acquisition proceedings are deemed to, have come to an end. No power is granted under rule 8 of the Punjab Land Acquisition Rules, 1983 to the Commissioner to apply to the Board of Revenue for extension of time to submit the survey report, or to the Board of Revenue to grant such extension. The letter of the Board of Revenue dated 12‑5‑1985, referred to by the counsel for the respondents, has no application to the present case, as the same relates to acquisition of land by Government and not for a company. Even otherwise, this letter is ultra vires of rule 7 of the Punjab Land Acquisition Rules, 1983. Without there being a proper amendment to rules 7 and 8 of the Punjab Land Acquisition Rules, time generally spent in processing the cases for working out the estimated costs in the offices of the Deputy Commissioner or Commissioners, cannot be allowed by the Board of Revenue to be excluded from the period of one year laid down in rules 7 and 8 ibid.

7. The only question that really remains to be determined whether the corrigendum notification under Section, 4 of the Land Acquisition Act issued or) 14-7‑1987 is to be treated as a notification making certain corrections to the earlier, notification only, or as an amendment notification that can also be treated as a fresh notification under section

4. The wording of the said notification is relevant, which may be reproduced here with advantage. "No. DRA/LA/3487‑ ‑CORRIGENDUM. ‑‑Whereas it appears to the District Collector, Sheikhupura that some more land is likely to be required to be taken by M/s. Sui Northern Gas Pipelines Limited irrespective to the land already notified under section 4 through Notification No.DRA/LA/7645, dated 8th September, 1985, published for on pages 4919 to 4925 of the Punjab Gazette, dated 15th August, 1985 for a public purpose namely for the construction of High Pressure Gas Pipeline and its allied installations which requires amendments in the aforesaid notification already published in the Gazette. Now, therefore, in exercise of the powers conferred by section 4 of the Land Acquisition Act, 1984 the District Collector, Sheikhupura, is pleased to issue corrigendum in partial modification of this office Notification No.DRA/LA/7645, dated 18th September, 1985, for the purpose mentioned above. This Notification is made under the prevision,., of :section 4 of Land Acquisition Act to all whom it may concern and the officers for the time being engaged in the undertaking with their servants and workmen are authorized to enter upon and survey any land in the locality and do all other acts required or permitted by that section. The modified schedule of land is detailed below:- .. It is clear from this notification that some more land is required and that, therefore, an amendment is required in the earlier notification. The notification then specifies or the and propose to be acquired, including the land over which there is no dispute, incorporating the additional land required and omitting such land not required, The new notification. if it was a corrigendum notification in the true sense, would have merely referred to the omission of the Khasras not required and the inclusion of the new Khasras proposed to be acquired. This is not so. Basically it is an amended notification under section 4 of the Land Acquisition Act, giving the full and revised list of all the land proposed to be acquired. I have, therefore, no hesitation in holding that the said corrigendum notification dated 14‑7‑1987 issued under section 4 of the Land Acquisition Act, 1984 is a new notification and supersedes that dated 18‑9‑1985 under the same section and that should the Government go ahead with the proceedings, it will have to call upon the respondent Company to deposit the estimated cost on the value of the land as on 14‑7‑1987. In rule 8 of the Punjab Land Acquisition Rules, 1983, the Board of Revenue has time until 13‑7‑1988 to issue the next notification under section 5 of the Land Acquisition Act. In this view of the matter, I would hold that the acquisition proceedings have not come to an end in respect of the petitioners' land proposed to be acquired. With regard to the notification dated 26‑10‑1986 issued under section 35 of the Land Acquisition Act 1894, the same stands by itself. Legally it cannot be treated as having connection with any t notification issued under section 4 of the Land Acquisition Act. However, I am informed that a new notification under section 35 of the Land Acquisition Act, 1894 is about to be gazetted. In this view, of the matter, the objection of the petitioners has no merit. For the foregoing reasons, no interference in the constitutional D jurisdiction is called for. There is no merit in this petition dismissed with costs. A. A. / M‑593/ L Petition dismissed.