SC rebukes defence ministry for land acquisition withdrawal

The Supreme Court has taken strong exception to the defence ministry's move to withdraw 3413 acres of land acquisition after 50 years of possession to evade compensation payment to the landowners determined by the top court in 2018.

Justice Shahid Waheed, in an 11-page judgment, rebuffed the defence ministry's plea, highlighting that the land acquisition process commenced in 1977 and faced significant delays due to the ineptitude and negligence of the petitioners – the defence ministry – noting that that the landowners have been struggling to get their legitimate rights”.

“Based on these facts, no law can condone the indolence of the appellants/petitioners and approve the action for withdrawal of the land acquisition,” it stated. The ruling further condemned the notification dated October 7, 2019, under Section 48, stating that it cannot be viewed as bonafide at this point. Instead, it would be construed as a ploy by the defence ministry to deceive the landowners.

“It does not behove the government to treat its citizens like this.” A three-judge bench led by Justice Munib Akhtar has disallowed the withdrawal of land acquisition.The order said that the land in dispute before the court is located in different mouzajat of Nowshera District and is measured to be 3413 kanal and 11 marlas.

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The possession of this land was first obtained by the ministry of defence in 1955 on lease for an artillery range; subsequently, it was intended to be acquired under the Land Acquisition Act, 1894, and as such, on 13th of May, 1977, a notification under Section 4 was issued, and then, the proceedings under it lasted 22 long years for the determination of the award which was announced on 21st of April, 1999.

This ushered in another round of trials and tribulations for the landowners, which ensued in protracted litigation for the adequate determination of the acquired land. This culminated in the SC’s judgment dated February 15,  2018, by which the compensation was determined at Rs12,000/- per marla with 6 per cent simple interest and 15 per cent compulsory acquisition charges.

The order notes that even so, the landowners were pushed to court to get the compensation amount. They applied to the District Court for execution of the decree. Here, after exhausting all possible tactics to procrastinate the matter, permission was sought to return the land to their owners on the ground that the acquiring department (defence ministry) had no funds to make payment.

This request was declined by the executing court by its order dated 6th of May, 2019, which the high court upheld. The order said that facing this tight the defence authorities jointly decided to take out their last arrow from the quiver, and they issued the notification, dated October 7, 2019, to withdraw from the acquisition.

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This led the landowners to invoke the constitutional jurisdiction of the Peshawar High Court against the notification. This petition was allowed on June 10, 2021. Now the defence ministry challenged the PHC order. The judgement said that there is no denying that as a result of the award, the possession of the land was obtained from the landowners.

"This is also confirmed by the record of rights for the year 1999, which reflects the acquiring department as the owner of the land. Therefore, it is clear that the land has been absolutely vested with the acquiring department of the government since 1999", it addedThe order said that since the defence authorities had taken possession of the land in pursuance of the award under Section 11 of the Land Acquisition Act, 1894, the acquisition had become past and closed, denuding the commissioner of the right to withdraw, rescind, recall or amend any notification regarding the acquisition.

Therefore, he could not rely on Section 48 merely because the acquiring department had no funds to pay for the compensation. The Land Acquisition Act, 1894, dehors such grounds of withdrawal from the acquisition of land once possession is obtained."The landowners could not be left in a quandary. They could not be expected to wait indefinitely, as the government had acquired their valuable right to the immovable property. ”The court also said that if the government or its acquiring department did not have the funds, it should have made up its mind quickly and that too before taking possession and telling the landowners where they stood.