استقراریہ ڈگری کا محکمہ مال کے ریکارڈ میں عمل تو کیا جا سکتا ہے، لیکن استقرار کی ڈگری کا اجراء نہیں کیا جا سکتا۔
(a) Land Acquisition Art (I of 1894)--
----Part-V(Ss.31 to 34)---Specific Relief Act (I of 1877), S. 42-- Constitution of Pakistan, Art. 199---Constitutional petition---Land acquisition---Award of compensation---When complete system of compensation under Land Acquisition Act, 1894, was available, adjudicating the matter by civil court in a declaratory suit or during appeal, was neither permissible under the law nor within jurisdiction of civil court---Constitutional petition was allowed, accordingly.
(b) Administration of justice--
----If during proceedings of a suit, parties settled their matter through any mode and subject of that settlement was not subject matter of suit then Court could' not execute that settlement to the extent that it was not subject matter of suit.
(c) Specific Relief Act (I of 1877)--
----S. 42---Execution of declaratory decree---Declaratory decree could be incorporated in record but could not be executed by Court.
Mirza Saleem Baig, Addl. Advocate General Punjab for Petitioners. Tariq Zulfiqar Ahmad Chaudhry for Respondents Nos. 3 to 9.
Date of hearing: 1st April, 2015.
PROVINCE OF PUNJAB through Secretary, Works and Communication VS ADDITIONAL DISTRICT JUDGE
2017 M L D 2095
[Lahore (Multan Bench)]
Before Amin-ud-Din Khan, J
PROVINCE OF PUNJAB through Secretary, Works and Communication and 5 others---Petitioners
Versus
ADDITIONAL DISTRICT JUDGE and 8 others--Respondents
Writ Petition No.5855 of 2004, heard on 01/04/2015.
JUDGMENT
AMIN-UD-DIN KHAN, J.---Through this writ petition the Province of Punjab has challenged the order dated 04.06.2003 passed by the learned Civil Judge 1st Class, Muzaffargarh, whereby the objection petition filed by the Province of Punjab was dismissed, and the order dated 17.05.2004 passed by the learned Addl: District Judge, Muzaffargarh, whereby the revision petition filed by the Province of Punjab was dismissed.
2. Learned Additional Advocate General Punjab argues that a suit for declaration was filed by the predecessor of respondents Nos.3 to 9 challenging therein the acquisition of land by the Province of Punjab. The suit was dismissed vide judgment and decree dated 04.12.1993. The appeal was filed, which was accepted vide judgment and decree dated 13.06.1996 and the judgment and decree passed by the trial Court were set aside. States that the plaintiff-predecessor of respondents Nos.3 to 9 filed execution petition, wherein he claimed an amount of Rs.22,78,550/-as compensation for his land acquired. In execution an objection-petition under section 47 of the C.P.C. was moved raising the objection that if during the proceedings of suit an Arbitrator was appointed, till the time his alleged award is not made as rule of the Court and on the basis of alleged award no compensation of acquired land can be claimed through the execution. The objection petition was dismissed by the executing Court on 04.06.2003. A revision petition was filed against that order, same was also dismissed by the learned Addl: District Judge vide order dated 17.05.2004, hence, this writ petition. States that order passed by both the courts below are absolutely against the law and without jurisdiction. Argues that even if any Arbitrator was appointed by the Court that was without jurisdiction as it was not the prayer of plaintiff in the suit for compensation. Prays for acceptance of this writ petition and declaration of orders of both the courts below without jurisdiction.
3. On the other hand, learned counsel for respondents Nos.3 to 9 admits that in the suit prayer was for a declaration and during the pendency of suit Arbitrator was appointed; that the orders passed by both the courts below are in accordance with law.
4. I have heard the learned counsel for the parties at full length and also gone through the record minutely with their able assistance.
5. In the suit case of the plaintiff was that a declaration be granted that acquisition of his land is illegal and without lawful authority and as consequential relief a direction was sought that the defendants be directed to announce award regarding the land in dispute according to the prevailing market rate and provision of law. The suit was dismissed. In the appeal the relief claimed by the plaintiff at the most could have been granted but during the proceedings referring the matter to the Arbitrator was not in accordance with the mandate of law. Even after the alleged award the Court dismissed the suit. Learned appellate Court has though accepted the appeal but that relates to the prayer made in the plaint and the appellate Court has no jurisdiction to go beyond the relief claimed by a party. In these circumstances, when under the law a complete system of compensation under the Land Acquisition Act is available, adjudicating that matter by the civil Court in a declaratory suit or during the appeal is neither permissible under the law nor within the jurisdiction of civil Court. Furthermore when no prayer was made in the plaint for recovery of compensation, objection of petitioners filed under section 47 of the C.P.C. was also having weight and without getting the award if any by the Arbitrator as rule of the court same cannot be implemented. It is not on the record that whether the matter was referred to the Arbitrator with the authority on behalf of Province of Punjab. I have a view that if during the proceedings of a suit the parties settle the matter through any mode, if subject of that settlement is not the subject matter of suit, the Court cannot execute that settlement to the extent it is not B subject matter of suit. I am also of the considered view that a declaratory decree can be incorporated in the record but cannot be executed by the Court. In these circumstances, the orders passed by both the courts C below whereby the objection petition as well as revision petition were dismissed are not sustainable under the law and are without jurisdiction. Consequently, this writ petition is allowed in the above terms.
RR/P-23/L Petition allowed.
0 Comments