WING COMMANDER, PAF BASE, SAMUNGLI, QUETTA vs NASEEBULLAH KHAN Ss — 2021 CLC 1738 QUETTA-HIGH-COURT-BALOCHISTA

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WING COMMANDER, PAF BASE, SAMUNGLI, QUETTA VS NASEEBULLAH KHAN Ss.3 & 7---Constitution of Pakistan, Arts. 9, 23 & 24---Land Acquisition Act ( I of 1894), Preamble---SRO No.706(I)/2003 dated 8th July, 2003---Restriction in raising construction in specified area of works of defence (Old Bomb Dump) ---Right of property---Reasonable restrictions---Scope---Plaintiffs sought declaration and permanent injunction that the defendants (authorities at PAF Base) could not forcibly forbid the construction at their property---Civil Court decreed the suit holding that the defendants could not restrict the plaintiffs without adopting procedure under the provisions of Works of Defence Act, 1903---Petitioners/defendants contented that plaintiffs had illegally raised construction near the boundary wall of PAF Base which caused security threat---Held, that neither the petitioners/defendants had disputed the ownership of the respondents/plaintiffs nor they had challenged the recorded mutation entries, in their (respondents') favour before revenue hierarchy --- No person could be deprived from his/their proprietorship without process of law-Right to acquire was subject to some reasonable restriction as contained in the Land Acquisition Act, 1894---Right to hold, own and dispose of property was one of the fundamental rights---No person would be compulsorily deprived of property save in accordance with law---Any act of executive authority depriving a person from his property was contrary to law unless the act was in accordance with law---Authority under the Government could not deprive a person from the ownership of his land through executive action ---Every citizen had a right to utilize his property, earn his/their livelihood---Article 9 of the Constitution guaranteed the life and liberty of a citizen---Record revealed that petitioner/defendant, without adopting legal procedure provided under the law, had forbidden the respondents from utilization of their land ---No illegality or infirmity was found in the impugned judgments and decrees passed by both the Courts below---Revision petition was dismissed, in circumstances.

WING COMMANDER, PAF BASE, SAMUNGLI, QUETTA vs NASEEBULLAH KHAN Ss — 2021 CLC 1738 QUETTA-HIGH-COURT-BALOCHISTAN

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