IN THE LAHORE HIGH COURT RAWALPINDI BENCH RAWALPINDI

(Appellate Jurisdiction)

CM No. _____________/2013 In RFA No. 55 of 2011 Re National Development Complex Versus Sher Afzal & Others

APPLICATION UNDER ORDER 41 RULE 5 READ WITH SECTION 151 AND ALL OTHER ENABLING PROVISIONS OF THE CIVIL PROCEDURE CODE 1908
Respectfully Sheweth, 1. That the captioned RFA is pending adjudication in this honorable Court wherein date of next hearing is yet to be fixed. 2. That the captioned RFA was filed against Judgment and Decree dated 15-062009 passed under section 18 of the Land Acquisition Act 1894 (the Act) by the learned Senior Civil Judge Attock whereby he modified the Award dated 20-121999 announced by the Land Acquisition Collector Attock under section 11 of the Act. The total land acquired measured 79 kanals 8 marlas. The learned Senior Civil Judge enhanced the compensation awarded by the Land Acquisition Collector from Rs. 1,20, 000/- per kanal to Rs. 4,00,000/- per kanal. Alongwith enhancement of compensation, 8% compound interest was awarded from the date of acquisition to the date of Decree dated 15-06-2009. 3. That being aggrieved of the Judgment and Decree dated 15-06-2009, the Appellant filed the captioned RFA wherein strong grounds are urged against the Judgment and Decree dated 15-06-2009. It may be justifiably maintained that the Appellant has high probability of success in the captioned RFA.

4. That the captioned RFA was admitted through order dated 05-04-2011 and notice to respondents and record was directed to be issued and summoned. Alongwith the RFA, an application for stay of the execution proceedings was filed (CM No. 1-C of 2011). This honorable Court was pleased to direct notice for a short date in the stay application vide order dated 05-04-2011 as aforesaid. However, the RFA was not fixed even after a considerable lapse of time. In the circumstances aforementioned, the Appellant was obliged to make an Application for injunctive order against the Auction Proceedings directed to be initiated by the learned Executing Court in the meanwhile. The Application as aforesaid however was dismissed vide order dated 11-06-2012 by observing that CM No. 1-C of 2011 was already pending in the RFA. Unfortunately CM No. 1-C of 2011 was not fixed for hearing. (Copies of order dated 05-04-2011 and 11-062012 are attached herewith as Mark A and B). 5. That the Appellant is a strategic organization working directly under and for the purposes of the National Command Authority which is a statutory body constituted by the National Command Authority Act 2010. The property owned by the Appellant is public property and is used only for the sovereign and strategic purposes of the Government. In addition to the foregoing, 93 families of the officers of the Appellants comprising 378 persons are presently accommodated over the property (Takbeer Colony) sought to be attached. If the property is sold in consequence of the auction proposed resulting in the displacement of the occupants, it will cause great hardship to the families residing therein. (Photographs showing residential and hostel constructions are attached herewith as Annex-B/1 to B/6.

6. That the captioned RFA is pending adjudication and CM No. 1-C of 2011 is also yet to be fixed for hearing. In the meanwhile, however, the Executing court has made orders for the sale of valuable property of the Appellant which as submitted above is Government property entirely dedicated to the strategic purposes of the State. The auction as aforesaid is directed to be held on 05-042013 and for that purpose a Proclamation for Sale dated 15-03-2013 u/s Order 21 Rule 66 of the CPC has been issued. (Copy of the Proclamation is attached herewith as Mark-C) 7. That if the auction abovesaid is held and as a consequence thereof the property mentioned in the Proclamation is sold to a third party, it will not only render the

captioned RFA infructuous but also be injurious to public weal and strategic interests of the country. In the said circumstances, if the execution proceedings are not forthwith stopped, irreparable harm will accrue to the appellant and the public at large.

8. That it is very respectfully submitted that the Appellant may be very kindly be allowed the benefit of the provisions of Rule 8A of Order 27 of the CPC. Reliance is placed upon 2001 SCMR 377; PLD 1992 Lahore 300 and 1986 SCMR 1805.

That in view of above circumstances, it is most respectfully prayed that the learned Executing court may very kindly be restrained to proceed with the auction of the Appellants property as described in the Proclamation for Sale till the final decision of the captioned RFA.

It is further prayed that an ad-interim order in the nature of above prayer may also be granted.

Any other relief in the facts and circumstances of the case may also be granted.

(Appellant) Through

Ahmer Bilal Soofi Advocate Supreme Court

IN THE LAHORE HIGH COURT RAWALPINDI BENCH RAWALPINDI

(Appellate Jurisdiction)

CM No. _____________/2013 In RFA No. 55 of 2011 Re National Development Complex Versus Sher Afzal & Others

APPLICATION UNDER ORDER 41 RULE 5 READ WITH SECTION 151 AND ALL OTHER ENABLING PROVISIONS OF THE CIVIL PROCEDURE CODE 1908
AFFIDAVIT OF________________________________________________________

I, THE ABOVENAMED DEPONENT DO HEREBY SOLEMNLY SWEAR AND AFFIRM AS FOLLOWS:

1. That the captioned RFA is pending adjudication in this honorable Court wherein date of next hearing is yet to be fixed. 2. That the captioned RFA was filed against Judgment and Decree dated 15-062009 passed under section 18 of the Land Acquisition Act 1894 (the Act) by the learned Senior Civil Judge Attock whereby he modified the Award dated 20-121999 announced by the Land Acquisition Collector Attock under section 11 of the Act. The total land acquired measured 79 kanals 8 marlas. The learned Senior Civil Judge enhanced the compensation awarded by the Land Acquisition Collector from Rs. 1,20, 000/- per kanal to Rs. 4,00,000/- per kanal. Alongwith enhancement of compensation, 8% compound interest was awarded from the date of acquisition to the date of Decree dated 15-06-2009. 3. That being aggrieved of the Judgment and Decree dated 15-06-2009, the Appellant filed the captioned RFA wherein strong grounds are urged against the Judgment and Decree dated 15-06-2009. It may be justifiably maintained that the Appellant has high probability of success in the captioned RFA.

4. That the captioned RFA was admitted through order dated 05-04-2011 and notice to respondents and record was directed to be issued and summoned. Alongwith the RFA, an application for stay of the execution proceedings was filed (CM No. 1-C of 2011). This honorable Court was pleased to direct notice for a short date in the stay application vide order dated 05-04-2011 as aforesaid. However, the RFA was not fixed even after a considerable lapse of time. In the circumstances aforementioned, the Appellant was obliged to make an Application for injunctive order against the Auction Proceedings directed to be initiated by the learned Executing Court in the meanwhile. The Application as aforesaid however was dismissed vide order dated 11-06-2012 by observing that CM No. 1-C of 2011 was already pending in the RFA. Unfortunately CM No. 1-C of 2011 was not fixed for hearing. (Copies of order dated 05-04-2011 and 11-062012 are attached herewith as Mark A and B). 5. That the Appellant is a strategic organization working directly under and for the purposes of the National Command Authority which is a statutory body constituted by the National Command Authority Act 2010. The property owned by the Appellant is public property and is used only for the sovereign and strategic purposes of the Government. In addition to the foregoing, 93 families of the officers of the Appellants comprising 378 persons are presently accommodated over the property (Takbeer Colony) sought to be attached. If the property is sold in consequence of the auction proposed resulting in the displacement of the occupants, it will cause great hardship to the families residing therein. (Photographs showing residential and hostel constructions are attached herewith as Annex-B/1 to B/6.

6. That the captioned RFA is pending adjudication and CM No. 1-C of 2011 is also yet to be fixed for hearing. In the meanwhile, however, the Executing court has made orders for the sale of valuable property of the Appellant which as submitted above is Government property entirely dedicated to the strategic purposes of the State. The auction as aforesaid is directed to be held on 05-042013 and for that purpose a Proclamation for Sale dated 15-03-2013 u/s Order 21 Rule 66 of the CPC has been issued. (Copy of the Proclamation is attached herewith as Mark-C) 7. That if the auction abovesaid is held and as a consequence thereof the property mentioned in the Proclamation is sold to a third party, it will not only render the

That if the auction abovesaid is held and as a consequence thereof the property mentioned in the Proclamation is sold to a third party, it will not only render the captioned RFA infructuous but also be injurious to public weal and strategic interests of the country. In the said circumstances, if the execution proceedings are not forthwith stopped, irreparable harm will accrue to the appellant and the public at large.

1. That it is very respectfully submitted that the Appellant may be very kindly be allowed the benefit of the provisions of Rule 8A of Order 27 of the CPC. Reliance is placed upon 2001 SCMR 377; PLD 1992 Lahore 300 and 1986 SCMR 1805.

DEPONENT

VERIFICATION
Verified on oath at Rawalpindi on this __________ day of March 2013 that what has been stated above is true and correct to the best of my knowledge and belief and nothing has been concealed therein.

DEPONENT