Requisitioning of Private Property for Public Purposes and Compensation

Requisitioning of Private Property for Public Purposes and Compensation Case Laws Civil Law Compensation First Appeal against Order Knowledge - Civil Law Lahore High Court Limitation Litigation & Arbitration Solutions - Civil Law Mr. Justice Ali Akbar Qureshi in his judgment has decided the issue regarding requisitioning of private property for public purposes and compensation in First Appeal against Order No. 272 of 2008.

1. This first appeal calls in question the validity and propriety of an order dated 01.08.2008, passed by the learned Addl: District Judge, Lahore, while exercising the powers conferred under Section 10 of the West Pakistan Requisitioning of Immovable Property (Temporary Powers) Rules, 1962, on a petition filed before the learned District Judge, Lahore, by the appellant for settlement of the compensation of the property owned by the appellant and requisitioned by respondent No.1.

2. The appellant, being the owner of the suit property which was requisitioned by respondent No.1/Government of Punjab, through Secretary Education, Civil Secretariat, Lahore, filed a petition under Section 10 of the West Pakistan Requisitioning of Immovable Property (Temporary Powers) Rules, 1962, for settlement of the compensation of requisitioned property (enhancement of compensation) on the ground, that the suit property owned by the appellant measuring 6 marlas, consisted of 8 rooms and open space was requisitioned by the respondent No.1 on 06.03.1978 for running a school namely M-B Islamia Girls Middle School, Mughalpura, Lahore and started depositing the compensation @ Rs.450/- per month in favour of the owner, the compensation being deposited by the respondent-government was not just, fair and lastly prayed that the compensation (rent) be enhanced to Rs.9,000/- from the date it was requisitioned.

The suit was contested by the respondents on the ground, that the claim is barred by time and the compensation being paid by respondent No.1 is just & fair and the appellant is not owner of the property. Learned Additional District Judge to whom the case was entrusted framed the following issues:

1. Whether the petitioner has no locus standi and cause of action? OPR

2. Whether the petition is not maintainable?

3. Whether the petitioner is entitled to assessment of fair compensation? If so, to what extent? OPP

4. Relief.

The learned Additional District Judge after recording the evidence decided issue No.1 against the respondents, issue No.2 which pertains to the limitation, in the manner, that the appellant is entitled to claim the compensation only for the period of three years and not beyond that. While deciding issue No.3 the learned court enhanced the compensation from Rs.450/- to Rs.4000/- per month only for the period of three years.

3. Learned counsel for the appellant relied upon a judgment delivered by the Hon’ble Supreme Court of Pakistan i.e. “Government of the Punjab through Secretary Education, Lahore v. Shahida Begum” (1994 SCMR 1488) and concluded his arguments.

4. On the other hand, learned Assistant Advocate-General submitted, that the respondent-department has already paid an amount of Rs.5,90,425+2,41,342= (Rs.8,31,767/-), therefore, nothing is due against the respondent-department. As regard the enhancement of the compensation the learned Assistant Advocate-General relied upon two judgments of this Court titled “Azmatullah and another v. Secretary to Government of West Pakistan” (PLD 1978 Lahore 979) and “Home Department, Government of Punjab through Secretary and others v. Mian Irshad Hussain” (PLD 2010 Lahore 654).

5. Although both the learned counsel for the parties after submitting the aforesaid citations concluded their arguments but in order to decide the matter, the findings recorded by the learned Additional District Judge/trial court and the record was perused carefully.

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