SHAHIMAH SAYEED vs BASE COMMANDER, PAF Ss — 2022 PLD 186 KARACHI-HIGH-COURT-SINDH

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SHAHIMAH SAYEED VS BASE COMMANDER, PAF Ss. 42 & 54---Constitution of Pakistan, Arts. 23 & 24---Suit for declaration and injunction---Holding of property for defence purpose and National Security---Proof---Plaintiff claimed to be owner of suit land measuring 2.27 acres on the basis of allotment in her favour which allotment was regularized after receiving differential amount---Defendant authorities claimed to require suit land for defense purposes---Validity---Land measuring 5915.10 acres was under occupation of defendant authorities for which it had approached Provincial Government for transferring same either free of charge or on lease (against nominal charges)---Claim of authorities about land measuring 2.27 acres, which was part of suit land to be used for deployment of missiles was naïve---Such did not appeal to common sense that small area of 2.27 acres would be utilized to defend a huge area of 5915.10 acres---Though defense and security interest of country was the foremost priority, particularly considering geostrategic location but at the same time ownership rights, which were guaranteed as fundamental rights in the Constitution could not be sacrificed merely on a vague plea of National Security---In a Constitutional dispensation, ownership/proprietary rights of a genuine owner, could not be sacrificed at the altar of some vague plea of security issue---Authorities or officials taking the ground of national security in defense for their actions had to make out a tangible case---Balance was to struck in such cases between material aspect of National Security and fundamental rights of a citizen---High Court decled the plaintiff was owner of suit land and she was entitled to use and enjoy the same---Suit was decreed, in circumstances.

SHAHIMAH SAYEED vs BASE COMMANDER, PAF Ss — 2022 PLD 186 KARACHI-HIGH-COURT-SINDH

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