ALI BAIG, J.---This civil revision petition is directed against the impugned judgment/order dated 10.7.2017, passed by the learned District Judge Gilgit in C.F.A. No.57/2019, whereby the learned 1st appellate court has dismissed civil 1st appeal of the present petitioner/ plaintiff by maintaining judgment/order dated 30-5-2019, passed by the learned trial court.
2. Brief facts leading to the filing of the instant revision petition are that the petitioner/plaintiff filed a suit for declaration and perpetual injunction against the present respondents/defendants in the trial court, claiming that the plaintiff/petitioner is owner in possession of disputed land under khasra No. 569, khewat No.412 measuring 4 kanals situated at Jalalabad Tehsil Danyore District Gilgit. The present respondents/ defendants Nos. 1 to 5 are bent upon to construct Government Girls Inter College/ Girls Higher Secondary School and have started construction work on the spot without passing award and giving compensation amount to the petitioner, this act of the respondents is illegal and in-effective on the rights of the petitioner/ plaintiff, therefore, the respondents may be restrained from construction of Government Girls Higher Secondary School on the land of the petitioner/ plaintiff.
3. Along with plaint the petitioner/ plaintiff had filed an application under Order XXXIX, Rules 1 and 2, C.P.C. for grant of temporary injunction. The learned trial court after hearing arguments on behalf of both the parties on the aforesaid petition had dismissed the same vide order date 30.5.2019.
4. Feeling aggrieved and dissatisfied with the impugned judgment/order passed by the learned trial court the present petitioner/plaintiff had filed a civil 1st Interlocutory appeal in the court of the learned District Gilgit and learned District Judge Gilgit vide the impugned judgment/ order dated 10-7-2019, has dismissed civil 1st interlocutory appeal of the present petition, hence this revision petition.
5. The learned counsel for the petitioner/plaintiff submitted that the impugned judgment/order dated 10.7.2019, passed by the learned 1st appellate court is contrary to law and facts on the record of the case, as such the impugned order is not maintainable and liable to be set aside. The learned counsel for the petitioner further argued that without conducting proceedings under the relevant provisions of Land Acquisition Act 1894, and without passing award the respondents have started construction work of disputed Government Girls Higher Secondary School on the land of the present petitioner which is illegal petitioner/plaintiff.
6. On the other hand the learned Additional Advocate General and Mr. Muzaffar Ali Legal Advisor Education Department G.B. vehemently opposed this revision petition and supported the impugned orders passed by learned courts below by contending that under the relevant provisions of Land Acquisition Act 1894, the Government/ respondents can acquire land of any person for utilization of public purpose and court cannot restrain the Government functionaries to acquire land of the petitioner for construction of Government Inter College/Girls Higher Secondary School at Jalalabad, thus the petitioner/ plaintiff has failed to make out prima facie arguable case in his favour and balance of convenience is also not in favour of the petitioner, therefore, the learned courts below have rightly dismissed the petition of the present petitioner filed under Order XXXIX, Rules 1 and 2, C.P.C. which may be maintained.
7. I have heard the arguments advanced by the learned counsel for the parties and perused the record with their able assistance.
8. In order to succeed in obtaining an order of injunction under Order XXXIX, 1 and 2, C.P.C., the plaintiff is required to demonstrate a good prima facie case in his favour, the balance of convenience must also be in favour of the plaintiff and plaintiff will likely to suffer irreparable loss if injunction is not granted. No order of injunction could be granted unless all the above said three conditions for grant of injunction co-exist.
9. In the instant case the land of present petitioner is required for up gradation of Girls High School Jalalabad to Higher Secondary School level as land of the petitioner is situated adjacent to aforesaid Girls High School and PC-1 of said project has been prepared. The said project is reflected in Annual Development Programme (ADP)
2017 and 2018. Under the provisions of Land Acquisition Act 1894, land of any person can be acquired by the Government functionaries for utilization of public purpose and court cannot restrain the Government functionaries from acquiring land for public purpose and injunction could not be granted to interfere with the public duties of any Department of Federal Government or Provincial Government under the provisions of Section 56 (a) of the Specific Relief Act. Thus the petitioner has failed to make out prima facie case in his favour and balance of convenience is also not in favour of the petitioner/plaintiff. The petitioner shall not suffer irreparable loss as the petitioner will be compensated by paying compensation amount by the respondents.
10. Further more, since the notification under Section 4 of the Land Acquisition Act has already been issued and a copy of said notification is available on the record of this petition, as such I am of the opinion that restraining the action of Government in acquisition of the land in question is not permissible in view of Section of 52 of the Land Acquisition, 1894.
11. The learned counsel for the petitioner is unable to point out any material irregularity or illegality as well as misreading and non-reading of evidence by both the courts below while passing the impugned orders to be interfered with by this court in exercising of revisional jurisdiction, hence this revision of petition is devoid of any merit.
12. In view of what has been discussed above, this revision petition having no substance is hereby dismissed and impugned orders/judgments passed by both the courts below are maintained.
13. Before parting with this judgment it may be observed that the respondents have yet not prepared compensation papers and Collector has yet not passed the award of proposed acquired land, therefore, the Collector Land Acquisition Gilgit is strictly directed to pass the award of land of the petitioner and compensation amount be paid to the petitioner within two 'months of the passing of this judgment and compliance report be submitted to this court through Registrar of this court for perusal of the undersigned. Certified true copy of this judgment be forwarded to Deputy Commissioner/Collector Land Acquisition Gilgit for Compliance. File.