' UMAR ATA BANDIAL, C.J.--- The site of cattle market situated at Mitha Masoom set up by the respondent No,1, Cantonment Board Sargodha ("CBS") was under litigation in Writ Petition No,22106 of 2011 titled Mubashar lqbal Cheema v. Cantonment Board and others. It is admitted that during the pendency of the said writ petition an agreement was reached between the present petitioner and the CBS for collection rights of income from the sale and purchase of cattle. A bid of Rs,27.2 million by the petitioner was accepted and he was handed over possession of cattle market Mitha Masoom on 20-4-2012. Before handing over the site, the petitioner deposited Rs,6.8 million as advance payment of monthly instalment and Rs,1.0 million as earnest money with the CBS.
2. At the time of the petitioner taking charge of cattle market Mitha Masoom, there was another cattle market operating at Jhaal Chak No,85 Shumali under the charge of the respondent No,3, Station Headquarters Sargodha Cantonment. The said second cattle market was located at a short distance of about 4/5 Kms from the cattle market site of the petitioner. The petitioner did not pay his monthly instalment of Rs,2.666 million for the period that he remained in occupation of the site until 3-10-2012 On the ground that the respondent CBS had wrongly permitted a second cattle market to operate in close proximity at Jhaal Chak No,85 Shumali. Presently, the claim by the petitioner is for the amount of Rs,7.8 million to be refunded to him on the ground of the said malicious and illegal operation of second cattle market by the CBS.
3. During the proceedings, it was disclosed by Headquarter 3-Air Defence Division, Sargodha Cantonment vide their letter dated 1-7-2013 that the respondent CBS controls the area covered by PAF establishments in Sargodha. The CBS is not concerned with the disputed military land situated outside its limits.
4. Learned counsel for the petitioner relies on Syed Manzoor Hussain v. Tehsil Nazim, Tehsil Municipal Administration, Tehsil Sarai Alamgir, District Gujrat and 3 others (PLD 2010 Lahore 101) to submit that a military camping ground cannot be made a place for holding cattle markets without consent of the Tehsil Municipal Administration (FMA") unless the same is held by a Cantonment Board.
5. Accordingly, this Court directed the respondent. No,3, Station Commander Sargodha to explain the legal basis for the cattle market being held at Jhaal Chak No,85 Shumali. In the parawise comments filed on 12-11-2013 the Station Headquarters Sargodha Cantonment has relied on a notification dated 2-4-2008 by the Ministry of Defence Rawalpindi that sets out different uses to which land falling within the control of the GHQ may be put. This notification bears the sanction of the President of Pakistan and is adopted as a Policy instrument. It is stated therein that Class A(1) land under the Cantonment Land Administration Rules, 1937 ("Rules") may be used for commercial/welfare activities by the Armed Forces and by the Canteen Stores Department (CSD).
One of the commercial purposes permitted to the Military Authorities in such land is the holding of cattle markets. The Station Headquarters Sargodha has accordingly leased out Class A(1) land at Jhaal Chak No,85 Shumali for collection rights of cattle market organized under the said Policy.
6. Learned counsel for the petitioner disputes the said notification dated 2-4-2008 as being a valid source of authority to hold a cattle market at Jhaal Chak No,85 Shumali.
7. The precedent relied by the learned counsel for the petitioner pertains to the holding of cattle market on military land without consent of the concerned TMA in whose territorial limits the land was located. Agreement/NOC by the TMA for such cattle market was held necessary unless the land fell within the territory of a Cantonment Board. In the present case, the disputed cattle market is being held on Class A(1) military land outside the limits of the CBS in respect of which there is no issue regarding opposition by Tehsil Municipal Administration Sargodha, Accordingly, the said precedent does not apply to the present facts of the case.
8. Secondly, the premise adopted by the petitioner for seeking refund of advance payment made, namely, that the CBS was holding a parallel cattle market, is mistaken. Such cattle market is being organized by the Military Authorities. Thirdly, the petitioner remained in occupation of his CBS cattle market site from 24-4-2012 until 3-10-2012 which covers a period of more than five months.
However, the amount of Rs,6.8 million paid by the petitioner towards rent barely covers three months of occupation. Consequently, even on the merits the petitioner does not have a case for refund.
9. The cattle market held at Jhaal Chak No,85 Shumali on land leased by the Military Authorities derives validity from the notification/Policy of the Federal Government dated 2-4-2008. This notification/Policy is framed in exercise of power conferred by, inter alia, Rule 26 of the Rules. Under Rule 4, land classified as Class "A" situate in a cantonment is dedicated, and reserved for specific military purposes. Class A(1) land is described in Rule 5 as under:---
5. Class "A" Land. --- Class "A" land shall be divided by the Central Government, or such authority as they may empower in this behalf, into the following sub-classes, namely:-
(i) Class "A"(1) Land which is actually used or occupied by the Military Authorities, for the purposes of fortifications, barracks, stores, arsenals, aerodromes, bungalows for military officers which are the property of Government, parade grounds, military recreation grounds, golf course, rifle ranges, grass farms, dairy farms, brick fields, CNG Stations, soldiers and hospital gardens as provided for in paragraph 525 of the Army Regulations and other official requirements of the Military Authorities.
10. The nature and classification of Class A(1) land under the Rules leave no doubt about the purposes for which such land may be used. It is a matter that is determined by the Federal Government. In the present case, notification/Policy dated 2-4-2008 which is duly sanctioned by the President of Pakistan sets out purposes and use of Class A(1) land authorized by the Federal Government. As the lease of Class A(1) land for holding of cattle market at Jhaal Chak No,85 Shumali by the respondent No,3, Station Commander, Military Camping Area Sargodha Cantt., is lawful, therefore no burden for holding the same can be cast on the CBS. Accordingly, the petition lacks merit and is dismissed.