MUHAMMAD NAEEM ANWAR, J. Through instant petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, petitioner seeks the following relief: "On acceptance of this writ petition, the respondents be directed to re-install the sui gas meter being removed by Pakistan Army during military operational occupation of the premises and further be directed to deposit the Sui Gas dues/bills of SNGPL with effect from 02 December, 2009 to 12 December, 2017 through concerned Deputy Commissioner, and that the demand of paym ent of arrears/bills from the owner of the premises during operational military occupancy of the premises of the petitioners be declared as unlawful, illegal and against the Constitution of Islamic Republic of Pakistan, 1973.
Any other appropriate relief, which this august Court deems fit in the circumstances of the case, may be granted to the petitioners."
2. Contents of the petition divulge that house of the petitioner was occupied by Taliban in the year 2009, which was vacated by Pak Army during military operation and was occupied by Pak Army since 2009; that for compensatory purposes i.e., rent etc., an agreement was executed by the petitioner with Pak Army through concerned officers and that thereafter the house of the petitioner was vacated, however since 2nd of December 2009 till 12th of December, 2017 the utility bills i.e., electricity and Sui Gas bills have not been paid by the Pak Army either to the petitioner or to the respective departments; that in period when the house was in occupation of Pak Army due to non- payment of utility bills of Sui Gas, the meter installed at petitioner's premises, was disconnected/removed by respondent No.6; that in view of the notification dated 04.04.2019 pursuant to 25th Constitutional Amendment and subsequent notification of establishment of Administration Department of Khyber Pakhtunkhwa pertaining to merger of FATA Disaster Management Authority (FDMA) with Relief, Rehabilitation and Settlement Department, a committee was constituted with ToRs to process the rent/compensation of private houses, which were under the use of Pak Army in the erstwhile FATA, wherein one of the terms was that "the Deputy Commissioner concerned will forward the complete cases alongwith required documents (ownership certificate rent deed agreement valid CNIC of owner, rent assessment certificate issued by C&W Department and NOC/certificate from representative of Pakistan Army regarding occupation) to PDMA or further processing the cases.", thus, the Provincial Government is duty bound to pay the outstanding dues in connection with utility bills i.e., electricity and Sui Gas for the period, within which, the house remained in occupation of Pak Army.
3. Respondents were directed to submit their parawise comments, from whom, respondents No.2, 5 & 6 furnished their separate parawise comments. Respondent No.5 (Deputy Commissioner) in his comments refuted the allegations of petition, by contending that there is no such policy of the Government to pay any utility bills of those buildings which were occupied by Pak Army or any other law enforcing agency, during military operation. The respondents opposed issuance of the desired writ.
4. Arguments heard and record perused.
5. Respondent No.2 (Federal Government through Secretary Ministry of Interior at Islamabad) in his comments has admitted that during military operation, the house of the petitioner was occupied by Pak Army, however, the matter does not come under the administrative control of Ministry of Interior. It was further stated that prima facie, there is no role of Ministry of Interior in the above said case, however orders of the Court falling within the ambit of Ministry of Interior will be implemented in letter and spirit. In his comments, respondent No.5 has also not denied the factum of occupation of the house of the petitioner by Pak Army during military operation for a particular period from the year 2009 to 2017. Para-No.4 of the petition to the extent that outstanding dues of electricity and sui gas charges have not been paid to the petitioner or to the respective departments by the occupant has also not been denied in their comments by respondents. It was also not denied that for non-payment of outstanding dues, the meter of Sui Gas was disconnected and removed by respondent (Sui Gas Authority). During the course of arguments, learned A.A.G has also admitted that the rent as agreed between the parties has already been paid to the petitioner and in connection with rent of the house, nothing is outstanding against the respondents, however, he stated that no agreement regarding payment of utility bills has been made/executed by the Provincial Government with Pak Army. For resolution of the controversy, the notification dated 04.04.2019 is of worth perusal, which for convenience, is reproduced as under: "NOTIFICATION No.S0(EST)/RRS/2-1/2019: Pursuance to the 25th Constitutional Amendment and subsequent notification of Establishment & Administration Department, Khyber Pakhtunkhwa regarding merger of FATA Disaster Management Authority (FDMA) with Relief, Rehabilitation & Settlement department vide Notification No. SO(E-1)/E&AD/9-126/2019 dated 16-01-2019, the Competent Authority is pleased to extend Notification No. PDMA/PARRSA/NWFP/Houses/1-51/2009 dated 12-12-2009 (with necessary modifications) with the following committee and TORS to process Rent/Compensation of Private houses which are under use of Pak Army in the erstwhile FATA Agencies (Merged districts) and erstwhile FR/(Sub-divisions) with immediate effect:- 1.Deputy Commissioner ConcernedChairman 2.Assistant Commissioner ConcernedMember/Secretary 3.XEN C& W Department ConcernedMember 4.Representative of Pakistan Army Member.
2. Terms of Reference of the Committee Shall be as under: a. The concerned Deputy Commissioner shall identify the total number., of the houses under use of Pakistan Army occupation and the actual owners of the houses. b. The Revenue staff shall confirm the ownership of all such houses. c. The C&W Department shall assess rent of the houses on the basis of standard formula before the agreement deed is finalized. d. Rent deed shall be inked into between District Administration and owner: e. The Deputy Commissioner concerned will forward the complete cases along with required documents (ownership certificate, rent deed agreement, Valid CNIC of the owner, rent assessment certificate issued by C&W Department and NOC/ certificate from representative of Pakistan Army regarding occupation) to PDMA for further processing of the cases.
Secretary RR&SD"
(Emphasis provided)
6. Moreso, learned A.A.G, while referring to the above reproduced notification, contended that serial "e" of ToRs was regarding the duty of the Deputy Commissioner for forwarding the complete cases alongwith requisite documents to PDMA for further processing of the cases. When the factum of payment of rent was not denied by ,the Provincial Government then the question is as to whether during occupation of the house by Pak Army, the rent would also include the utility bills or not? It is by now well settled that the term rent also include the payment of utility bills and non payment of utility bills amounts to default as held by the Hon'ble Supreme Court in the cases of "Mst. Rehana Begum Vs. Mst. Shagufta" (1995 SCMR 323), "Badruddin Vs. Muhammad Yousuf" (1994 SCMR 1900), and "Sher Afgan Vs. Sheikh Anjum lqbal" (PLD 2004 SC 671). Thus, the utility bills i.e., electricity or Sui Gas etc. being the part of rent was also to be paid by the respondents to petitioner, in term of section 13 (2) (i) of West Pakistan Urban Rent Restriction Ordinance 1959 and for determination of which in consonance with ibid notification, respondent No.5 (Deputy Commissioner) is under legal obligation to forward the case of petitioner, which is only in respect of Rs.1,30,000/- and that too for the period commencing from 2nd of December, 2009 to 31st of December, 2011 as it is reflected from the comments of respondent No. 6 that because for non- payment of arrears, the meter was removed and supply of gas was disconnected on 31st December, 2011. When learned A.A.G was confronted with the notification ToRs ibid in juxtaposition with the payment of outstanding arrears of utility bills, he was unable to wriggle out of this legal query and contended at the bar that in view of the said notification, respondent No.5 was required to send the case of the petitioner to Provincial Disaster Management Authority (PDMA) for further process.
7. Thus, in view of the afore stated reasons, the instant petition stands disposed of in terms of directing respondent No.5 to forward the case of petitioner pertaining to payment of outstanding amount of utility bills for further process/proceedings.