2024 PLP 22 (SCMR)

Laws Cited

Representation

• Baleeg-uz-Zaman, Additional A.G. Punjab for Petitioners.
• Nemo for Respondents.
• ----Ss. 4 & 5---Constitution of Pakistan, Arts. 23 & 24---Road constructed on private land by the Provincial Government without compensating the owners---Constitutionality---Frivolous litigation by Government departments---No compensation was paid for the land on which the road was constructed nor was it acquired pursuant to the Land Acquisition Act, 1894 ('the Act')---Land was taken without compensating the respondents (owners)---Respondents filed a suit and though the suit was dismissed the appeal against the same was allowed and the judgment of the appellate court was upheld through the impugned judgment of the High Court---Held, that the respondents who were deprived of their land must have spent money and time with regard to a case which should have never seen a court of law, provided the petitioners (Provincial Government and its concerned departments) had abided by the Constitution and the law---Present case is a classic example of frivolous litigation, and that too by those whose salaries are paid by the taxpayers of the country---It appears that the ability to take a decision, whether to assail or not a decision does not exist in senior officers---They deemed it fit to challenge a matter of little financial significance and do so contrary to the provisions of the Constitution which guarantees as a fundamental right the right to acquire, hold and dispose of property (Articles 23 & 24), and being oblivious to the fact that a person can only be compulsorily deprived of property provided compensation therefor is paid---Present matter has been brought before the fourth Court before which the Provincial Government is a party, and it pleads by disregarding the Constitution and the law---Not only have public resources been wasted, but also Court time, both of which are a trust held on behalf of the people---Provincial Government and every employee of it, including those in the office of the Advocate-General run on public funds, therefore, one expects a much higher standard from them---Petition for leave to appeal was dismissed, leave was refused, and Provincial Government was directed to pay to the owners of the land, requisite compensation, within a period of thirty days and in addition also pay to them one million rupees as costs.
• 2. We inquired from the learned Additional Advocate General ('AAG') whether the land was compulsorily acquired under the Act, was gifted or an agreement was entered into with the owner of the land and the learned AAG answered in the negative. Nonetheless the petitioners have deemed it fit to assail the order of the High Court. The petition for leave to appeal has been signed by two AAGs, namely, Malik Abdul Aziz Awan and Mr. Asif Afzal Bhatti on 3 February 2021. The AOR was engaged by Mr. Bahadur Ali Khan, Secretary of the Government of the Punjab (Law and Parliamentary Affairs), Department.
• 4. This is the fourth Court before which the Government of Punjab is a party, and it pleads by disregarding the Constitution and the law. Not only have public resources been wasted, but also Court time, both of which are a trust held on behalf of the people. The respondents who were deprived of their land must have spent money and time with regard to a case which should have never seen a court of law, provided the petitioners had abided by the Constitution and the law. Whilst counsel of private parties are accountable to them, and may resort to unnecessary litigation, this is not expected from the petitioners. The Government of Punjab and every employee of it, including those in the office of the Advocate-General run on public funds, therefore, one expects a much higher standard from them. The government and its servants are there to serve the people. In this case, land was taken without compensating the respondents. Therefore, whilst declining leave and dismissing this petition, we direct the Government of Punjab to pay to the owners of the land, requisite compensation, within a period of thirty days from the receipt of this order and in addition also pay to them one million rupees as costs. Copy of this order be sent to the Chief Secretary, Punjab, and to the petitioners Nos.1 and 2 for information and compliance. Copy of this order be also sent to the respondents for information.

Headnotes / Summary

Judgment & Decree