GULZAR AHMED, J. We have heard Mr. Rasheed A. Rizvi, Senior Advocate Supreme Court for the petitioner , who has filed this Civil Petition for Review of the Order dated 24.01.2019.
2. It was contended by the learned Senior Advocate Supreme Court that the land comprising of Global Marquee has been given on temporary rent to the petitioner by HQ 5 Corps and in this respect has relied upon the document appearing at page 60, which is as follows: TO WHOM IT MA Y CONCERN 9.20 Acres of the land beside the NICL Building, Korangi Road Karachi lawfully owned by HQ 5 Corps has been given temporary on rent to Mr. Muhammad Aslam Siddiqui (Maham Enterprises ) holding CNIC Number 42000- 1868960-5, office at 1 and 2, First Floor , Al-Saeed Center , Plot No. BC-13, Block No.5, K.D.A. Scheme No.5, Kehkashan, Clifton, Karachi with effect from 11 July 2016 for period of 5 years with condition to vacate land at 3 months notice as and when required by Army for any mega project or any other purpose. He is permitted to use the said plot for the build and construction of Air-conditioning 6 x Marquees lawns with removable fixtures, which includes of fice, staf f rooms, kitchens wash rooms, bride's rooms and parking boundary walls.
Headquarters 5 Corps Karachi Cantonment Telephone Number: 32154 Case No. 123/1/M/Proi 12 July 2016Lieutenant Colonel (Retd)
Project Officer (Amar Wahid)
3. We may note that his document is on a plain paper . We have asked the learned Sr. ASC as to what title HQ 5 Corps has in the land, he stated that this question be asked to HQ 5 Corps and not to the petitioner . We have further asked the learned Senior Advocate Supreme Court as to what a retried Lieutenant or Colonel has to do with the issuing of this document, which appears to be a certificate, and under whose authority such certificate has been issued, learned Senior Advocate Supreme Court was unable to show any document in support of such certificate.
4. Learned Senior Advocate Supreme Court has further referred to the policy of the Government of Pakistan, Ministry of Defence, contained in letter dated 02.04.2008, filed at page 72 of this petition with regard to use of A-1 land of the Cantonment Board. Such document has been examined by us and a portion of it, relevant to this case, is reproduced as follows:- No. F .2/5/D-12/ML&C/99 Government of Pakistan Ministry of Defence, Rawalpindi 2nd April, 2008 To: DG ML&C Subject: Policy on use of A-I Land for Welfare and Other Projects of the Arme d Forces and Canteen Stores Department (CSD)
I am directed to convey the sanction of the President to the adoption of Policy as reflected in ensuing paras on use of A-1 Land for commercial cum welfare activities by the Armed Forces and by Canteen Stores Department (CSD) with immediate ef fect.
2. Category 'A' Activities . Essential commercial activities required to serve the residents of the respective garrison:- a. Activities
(1) Large Stores/Shopping areas, eg Fortress Stadium Lahore. Sher Khan Stadium Peshawar , PAF Shopping Centre Lahore, Navy's Fleet Club Karachi etc.
(2) Petrol Pumps/CNG Stations.
(3) Restaurants/Marriage Halls/Joy Lands.
(4) Printing Presses.
(5) Ice Factories.
(6) Cattle Markets. b. Calculation of Rent and Accounting. Survey will be conducted by a board of officers to determine the actual area under usage. Based on the survey, the following calculation of rent and accounting procedure shall be followed:--
(1) Calculation of Rent . The rent shall be charged in the light of 1980 Policy Guidelines, ie @ 6% per annum of existing Revenue Rate (earlier known as DC Rate) of the said land, notwithstanding the tenancy/rent agreements of the military authorities with the users.
(2) Accounting/Disposal of Above Rent . 25% of the above calculated rent will be deposited into Government Treasury and the 75% balance will be utilized by the respective formation/establislunent as per the policy to be laid down by the respective Service Chief, ie COAS/CAS/CNS.
(3) Detailed procedure for utilization of A-I Lands shall be formulated by GHQ to ensure complete transparency and got approved by the Government through Ministry of Defence.
(4) All use of A-I land for any purpose shall be auditable.
5. This document in its very para No.2 clearly describes essential commercial activities to be carried out on A-1 land is specifically confined it to meet the requirement and serve the residents of respective garrison. Thus, very policy of the government seems to be very clear that no commercial exploitation of A-1 cantonment land is permissible and if any commercial activit y is to be carried on same is confined for meeting the requirement and service of the residents of respective garrison and not the outsiders. It was admitted before us that the Global Marquee is being run as a commercial venture for all general public in direct contradiction of very policy of government stated in the above letter in that the Global Marquee is not essentially carrying out commercial activities required to serve the residents of the respective garrison. Further Regulation 5 of the Cantonment Land Administration Rules, 1937 provides as follows:
5. Class "A" Land. - Ciass "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 courses,] 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 officials requirements of the Military Authorities.
6. This regulation also specifically does not provide for using of A-1 land of the Cantonment Board for any commercial activity for that it is for actual use and occupation of military authorities for the purpose of fortifications, barracks, stores, arsenals, aerodromes, bungalows for military officers which are the property of government parade grounds, military recreation grounds, golf courses, 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 officials requirements of the military authorities. This regulation clearly manifests that A-1 cantonment land is only for use and occupation of military and cannot be used and exploited for any commercial activities. This being the situation on the record so also the state of law, as discussed above, the review petition on its face appears to be frivolous. The same is, therefore, dismissed.