This Constitutional petition has been filed by a land owner whose agricultural land was taken into possession in 1994, in proceedings under the Land Acquisition Act for the constructing of Spur Bund No.3, Multan on the River Chenab. Grievance has been raised by the petitioner that the compensation for the acquisition of land has not yet been made to her despite the fact that the land has already been utilised for the aforesaid purpose about 2-1/2 years ago. The departmental representatives were asked to appear alongwith the record to explain the reasons for non- payment of the compensation of the land acquired long long ago. The General Assistant has appeared on behalf of the Land Acquisition Collector. He has stated that proceedings for acquisition of land measuring 96 Kanals and 4 Marlas were initiated in March, 1994 at the instance of the Irrigation Department in the public interest for the purpose of construction of the Spur on the river. Notifications under sections 4, 6, and 17 were made and possession of the land from the owners was also obtained in March, 1994. He has informed that estimated cost of the land was Rs.69,98,743 but only an amount of Rs.7,94,644 was deposited by the Irrigation Department with the Land Acquisition Collector who in turn made payment of Rs.5,40,000 to the land owners. He has further stated that an amount of Rs.2,54,644 is available with the Land Acquisition Collector, which can be given to the petitioner by way of compensation. He has further stated that sanction for acquisition in this case has to be accorded by the Board of Revenue but this has not been done because the Irrigation Department has not deposited the estimated cost so far despite the lapse of 2-1/2 years.
2. The Chief Engineer Irrigation is present in person. After consulting the record he has stated that letter dated 13-11-1995 was addressed to the Secretary Irrigation demanding a fund of Rs.62,00,000 for depositing the same as cost of the acquired land. According to him, a reminder was also issued on 5-3-1996 but the requisite funds have not been received so far. He admits that the Irrigation Department has to provide the necessary funds to pay the cost of the land utilised by the department for construction of a Spur Bund. He has also informed that the Secretary Irrigation has sufficient funds at his disposal to pay the cost of the land and he has only to fix the priority for releasing the finds.
3. It may be noticed that the Constitution of Pakistan has provided protection to proprietary rights by way of fundamental rights, under Article 24 of the Constitution, which reads as follows:--- "(1) No person shall be compulsorily deprived of his accordance with law.
(2) No property shall be compulsorily acquired or taken possession of save for a public purpose, and save by the authority of law which provides for compensation therefore and either fixes the amount of compensation or specifies the principles on and the manner in which compensation is to be determined and given ---."
It is thus clear that the State cannot deprive a person of his property without paying compensation therefor, in accordance with law. The relevant law under which the petitioner has been deprived of her land is the Land Acquisition Act. The compensation in terms of this Act has to be' made to the owners of the property. If an owner is not paid the price/compensation of the property acquired within the reasonable time, then it may amount to depriving the person of his property without compensation, in contravention of the fundamental right guaranteed under Article 24 (supra).
Violation of a fundamental tight guaranteed by the Constitution cannot be countenanced by Courts of law, particularly the High Court on which powers have been conferred as per clause (c) of Article 199(1) of the Constitution for issuing direction to any person including any Government for enforcement of any one of the fundamental rights conferred by the Constitution. This clause reads as under:--- "(c) on the application of any aggrieved person, make an order giving such directions to any person or authority, including any Government exercising any power of performing any function in, or in relation to, any territory within the jurisdiction of that Court as may be appropriate for the enforcement of any of the Fundamental Rights conferred by Chap. 1 of Part II."
4. In the instant case there is no dispute with regard to the acquisition of the land, its possession having been taken from the owners and utilisation of the same for the purpose of construction of a spur bund on the River Chenab. The owners were deprived of possession of the land some 2-1/2 years back and the compensation has not so far been received from the relevant quarter, muchless its payment to the land owners. This indeed is highly dismaying. It is the duty of the functionaries of the State to ensure that the rights of the citizens, particularly the fundamental rights guaranteed under the Constitution should not be trampled or denied. The concerned functionaries of the Irrigation/Revenue Departments should have realised that money is losing its value very fast. The compensation was deserved to be paid to the land owners in this case in the year 1994, but that has not been done so far. Needless to observe that land owners have already suffered a lot for non-payment of the compensation to them. A question then arises, who is responsible and who will make up the losses caused to the land owners on account of the late payment of the compensation. Obviously, the delinquent officers in the Irrigation/Revenue/Finance Department are responsible for the same. It appears that the Irrigation Secretary of the Punjab Government has to be blamed the most, because he did not care to provide the requisite funds to the concerned authorities, despite repeated reminders issued to him by the concerned Chief Engineer.
5. In exercise of the powers conferred under clause (c) of Article 199(1) forequoted the High Court can issue an appropriate direction to any person or authority, including any Government for the enforcement of any of the fundamental rights. I have carefully considered the facts and circumstances of this case. I am of the opinion that this is a fit case in which such a direction should be issued to the functionaries of the Irrigation Department for expeditious payment of the compensation to the land owners. Initially, I was of the view that salaries of the Secretary, the Chief Engineer, the Superintending Engineer and the Executive Engineer concerned should be attached for such time that the compensation to the land owners is paid. However, exercising judicial restraint I refrain to pass such an order because these officers have not previously faced such situation. Resultantly, it is directed that the Secretary Irrigation, Government of the Punjab shall take immediate steps to arrange the requisite funds which shall in any case be deposited with the Land Acquisition Collector not later than 31-12-1996. This should be sufficient time for him to obtain sanction from the relevant quarters. In case the funds are not released by that date, the petitioner will be at liberty to move the Court afresh for attaching the salaries of the officers of the Irrigation Department, as indicated earlier.
6. The General Assistant Revenue states that an amount of Rs.2,54,644 lying with him shall be paid to the petitioner by way of part compensation. Let him do so within the next 15 days.
The writ petition is disposed of in the terms contained in para. No.5 above.