Federation of Pakistan through Ministry of Defence vs Syed Sarfraz Ali Shah Ss

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Federation of Pakistan through Ministry of Defence VS Syed Sarfraz Ali Shah Ss. 42 & 54---Suit for declaration with permanent and mandatory injunction---Utilizaton of property---Owner of property, entitlement of---Suit filed by owner of property against Ministry of Defence/Military Authorities etc. (petitioners) was decreed concurrently---Contention of the respondent (plaintiff/decree-holder) was that the suit property had never been legally acquired by the petitioners/defendants but they were occupying the same for which no compensation was being provided to him---Validity---Record revealed that respondent/plaintiff was the exclusive and undisputed owner of the suit land which land had, admittedly, not been acquired by the petitioners at any point in time, but despite the same, severe restrictions had been imposed on the use of the property for more than four decades (since 1979) by the petitioners due to its proximity to the Ammunition Depot---Said restrictions included a complete prohibition on construction or alterations without prior written approval of the of relevant Station Commander---Notably, said restrictions were imposed without any defined time limit and without compensation for the loss of use or income from the property---Constitutional and legal right of a citizen to enjoy and derive benefit from their property is well protected under the law and no State Authority can curtail such rights without legal justification or due compensation---Where a property is required for public use or security, the law provides a detailed and mandatory procedure for acquisition under the Land Acquisition Act, 1894---In the present case, the petitioners neither initiated any such legal process for acquisition nor offered reasonable compensation for depriving the respondent of the use of his property for decades---Courts below, after thoroughly examining the evidence and applying the principle of rental yield, rightly assessed the fair monthly rent at Rs. 25,000/- with 10% annual increase, until either the shifting of the Ammunition Depot or formal acquisition of the land in accordance with law---Petitioners failed to rebut the evidence produced by the respondent or justify the meager rent being paid---No cogent evidence was led to contest the market value of the property or the applicable rental yield---Courts below rightly decreed the suit and the findings recorded by the Courts below were based on a proper appreciation of evidence and application of law and no misreading or non-reading of evidence had been pointed out---Therefore, the learned Courts below have rightly decreed the suit of respondent/plaintiff and no interference is warranted in their well-reasoned and lawful judgments---Revision, being merit-less, was dismissed, in circumstances.

Federation of Pakistan through Ministry of Defence vs Syed Sarfraz Ali Shah Ss — 2026 YLR 812 LAHORE-HIGH-COURT-LAHORE

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