ABDUL QADEER CHAUDHRY, J: --The petitioner seeks leave to appeal against the judgment dated 1-11-1989 of the Lahore High Court whereby its appeal was dismissed.
2. The facts, in brief, are that the Commissioner, Sargodha Division, Sargodha, accorded temporary sanction vide his order No. L-351-415/4040/Rev., dated 13-12-1972 for temporary occupation of land measuring 44 Kanals 13 Marlas situated in Village Wettakhel Pacca, Tehsil and District Mianwali, for a period of three years required by the Defence Department under section 35 of Land Acquisition Act. The period of temporary occupation expired in January, 1976. The rent was neither fixed nor paid to the' land owners concerned under subsection (2) of section 35 of the Land Acquisition Act.
3. The Land Acquisition Collector, Mianwali Sub-Division determined the rent at the rate of Rs.70 per kanal per month under section 35(2) of the Land Acquisition Act. The petitioner was directed to pay the amount. As the petitioner failed to pay the amount, a reference under section 18 read with section 35 of the Land Acquisition Act against the Award was made to the Land Acquisition Judge who vide judgment dated 3-2-1985 dismissed the same. The petitioner preferred an appeal in the High Court which was dismissed.
4. The learned Deputy Attorney-General has submitted that the Government has not so far initiated any proceedings under the Land Acquisition Act for the acquisition of land. He admitted that the possession of the land is still with the petitioner but no rent has so far been paid. He has not been able to support the case of the petitioner on any legal plane. There is no infirmity in the impugned order. The petitioner had taken possession of the land without paying any rent to the respondent.
The petition is also barred by time.