P L D 2014 Lahore 433 (PLP)

UMAR ATA BANDIAL, C. J.

Learned counsel for the petitioner submits that the Provincial Government has approved the establishment of new Judicial Complex at Depalpur, District Okara. In the year 2007, 40-Kanals of private land was acquired for the purpose ofnew Judicial Complex in exchange with 80-Kanals of State land located at a distance from the Town vide mutations Nos.2122 and 2123 both dated 7-4-2008 in Monza Meer Aman Ullah. The total requirement of land for the Judicial Complex is 120 Kanals. The proposed Judicial Complex shall comprise of court buildings, judges residences, bar room, lawyers chambers, mosque and other public utility areas. The matter is in deadlock for the remaining 80 Kanals of land for the new Judicial Complex because the Provincial Government does not have a policy of exchanging State land for private land to provide land for public purposes.

2. Learned counsel for the petitioner alleged, whereupon the respondents after examining their record admitted, that the Provincial Government has in the recent past exchanged State land with private land in a number of cases for different public projects. For instance, in the year 2011, 166 Kanals 10 Marlas private land was exchanged with State land for additional structures at Sulemanki Head Works, District Okara. At about the same time, 99 Kanals private land was exchanged with State land for construction of Sports Complex, Chakwal. Recently, 115 Kanals 10-Marlas of private land was exchanged with State land for providing a walkway for Ashiana Housing Scheme, Lahore.

3. It is clear from the foregoing instances that the Provincial Government has from time to time until 2012 exchanged private land with State land for public purposes. However, in the present case, the Provincial Government is not inclined to take the same step on the ground that neither the law nor policy allows the 'Provincial Government to adopt such course of action.

4. At the outset it is noted that the stand taken by the Provincial Government is inconsistent with its own record. In fact the Provincial Government is admitting that its exchange of State land with private land in the aforementioned cases was undertaken without lawful authority. As pointed out by the learned Addl. A.-G. this Court is nevertheless duty I bound to direct only such action by the Provincial Government that is strictly in accordance with law. The Court should refrain from directing executive action that is devoid of legal cover. Otherwise, a mandatory judicial direction would tantamount to deciding executive policy. The Hon'ble Supreme Court in Dossani Travels (Pvt). Ltd and others v. Messrs Travels Shop (Pvt.) Ltd and others (PLD 2014 SC 1) has held that courts of law cannot issue directions in matters falling within the domain of executive policy. Although the stand taken by the Provincial Government contradicts its track, record, however, the Court exercises judicial restraint from forcing the Provincial Government to commit an act which is neither authorized by specific law nor contemplated by specific executive policy.

5. Nevertheless, in this case 40-Kanals of land has been acquired for the public purpose of setting up a new Judicial Complex at Depalpur. The requirement of the said new Judicial Complex is crucial for the provision and dispensation of justice to the public in that Tehsil. To provide the said complex is a constitutional obligation of the State. As a result of the present stand taken by the Provincial Government the establishment of the new Judicial Complex at Depalpur stands blocked since 2007. The present Judicial Compound at Depalpur is overcrowded and lacks the facilities commensurate with the decorum and dignity of an Institution providing justice to the people. It is therefore incumbent on the Provincial Government to take steps for completing the new Judicial Complex, Depalpur at the earliest.

6. It is common ground between the parties that 80 Kanals of private land is available for acquisition by the Provincial Government. This plot is situated adjacent to 40-Kanals of land which has already been secured for the Judicial Complex through exchange with State land. If the acquisition of the said plot of 80 Kanals land is not made the presently owned 40-Kanals of land for the new Judicial Complex shall go waste. Also due to lack of decisive action by the Provincial Government there is prospect that the establishment of new Judicial Complex at Depalpur shall be delayed further.

7. It is accordingly ordered that compulsory acquisition of 80 Kanal land adjoining the presently exchanged land for the new Judicial Complex at Depalpur shall be concluded by the Provincial Government within six-months from the date of receipt of a certified copy of this order. Thereafter, construction of new Judicial Complex at Depalpur shall be commenced in all earnest and with due expedition.

8. Petition disposed of on the above terms. MWA/B-15/L Order accordingly.