1969 PLP 228 (SCMR)

(On appeal from the judgment and order dated the 29th August 1968 of the High Court of West Pakistan, Karachi Bench, Karachi, in Petition No. 309 of 1968).

S. 17(4)‑Application of subsection (4) of S. 17‑Requirements of subsections (I) & (2) not necessarily to be complied with. ORDER QADEERUDDIN AHMAD, J.‑The petitioner has moved this Court for leave to appeal against the judgment of a Divisions Bench of the High Court of West Pakistan, Karachi dated the 29th of August 1968 by which the constitutional Petition No. 309 of 1968 of the petitioner has been dismissed in limine. The order shows that two contentions were raised on behalf of the petitioner before the High Court. One of them was that the land in question was ostensibly requisitioned to construct Talhar Link Road, but in reality it was going to be used for constructing an airstrip; therefore the acquisition proceedings were tainted with fraud. The other objection was that action could have been taken by the Government under the relevant Defence of Pakistan Rules, 1965; therefore, the proceedings taken under the Land Acquisition Act, were not proper. Both the contentions have been rightly rejected by the High Court, and counsel did not raise them before us. 2. We allowed counsel for the petitioner to raise the contention that special powers exercisable in cases of urgency were used in terms of subsection (4) of section 17 of the Land Acquisition Act, 1894 but it was necessary to allow 15 days' time after the publication of a notice mentioned in subsection (1) of section 9. In support of this contention, he referred to subsections (1) and (4) of section 17 of the Act. Those sub sections are as follows: "(1) In cases of urgency, whenever the Provincial Government so directs, the Collector, though no such award has been made, may, on the expiration of fifteen days from the publication of the notice mentioned in section 9, subsection (1), take possession of any waste or arable land needed for public purposes or for a Company. Such land shall thereupon vest absolutely in the Government free from all encumbrances. (4) In the case of any land to which, in the opinion of the Provincial Government, the provisions of subsection (1) or subsection (2) are applicable, the Provincial Government may direct that the provisions of section 5‑A shall not apply, and if it does so direct, a declaration maybe made under section 6 in respect of the land at any time after the publication of the notification under section 4, subsection (I)." Counsel contended that in subsection (1) it is laid down that in cases of urgency, the Collector may, on the expiration of 15 days of the publication of the notice mentioned in subsection (1) of section 9, take possession of land, and subsection (4) applies when the provisions of subsection (1) are applicable; therefore, the Provincial Government was bound to first comply with the requirements of subsection (1) by waiting for the expiration of 15 days after publishing a notice under subsection (1) of section 9 before the short cut provided by subsection (4) could be adopted. This contention of counsel is incorrect, because the requirement of subsection (4) is only that in the opinion of the Provincial Government, the provisions of subsection (1) A or subsection (2) should be applicable. It is not necessary that the requirements of those subsections should be complied with. 3. The application is dismissed. Leave refused.