| Case ID |
00252216-930f-4d5f-b91c-ac443623f2e3 |
| Body |
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| Case Number |
Writ Petition No. 614 of 1977 |
| Decision Date |
Oct 02, 2012 |
| Hearing Date |
Sep 26, 2012 |
| Decision |
The Lahore High Court ruled in favor of the petitioners, declaring the order passed by the Federal Land Commission to be without lawful authority and of no legal effect. The court found that the transaction of sale by the petitioner Mst. Ghulam Sahira in favor of her minor children was genuine and valid, as it did not exceed the ceiling of 12000 Produce Index Units. The Federal Land Commission's claim that the transaction was not valid due to the minors' inability to provide sale consideration was rejected. The court emphasized that public officials must base their decisions on legally admissible evidence, and cannot interfere with citizens' rights based on conjectures. The petition was allowed with no orders as to costs. |
| Summary |
This case revolves around a dispute regarding land ownership and the validity of a sale transaction made by Mst. Ghulam Sahira to her minor children. The Lahore High Court examined the circumstances under which the Federal Land Commission declared the transaction void, emphasizing the need for legally admissible evidence when interfering with citizens' rights. The court concluded that the petitioners had a valid claim, as the land ownership was below the ceiling set by law. The decision reinforces the principle that rights cannot be jeopardized based on assumptions. Keywords such as 'land ownership', 'Federal Land Commission', 'legally admissible evidence', and 'minor children' are crucial for SEO optimization. |
| Court |
Lahore High Court
|
| Entities Involved |
Federal Land Commission
|
| Judges |
NASIR SAEED SHEIKH,
SHahid WAHEED
|
| Lawyers |
Mian Muhammad Ashfaq Hussain,
Khalid Khan,
Farrukh Ahmed Khan,
Malik Amir (Inspector Legal)
|
| Petitioners |
Others,
MST. GHULAM SAHIRA
|
| Respondents |
MEMBER FEDERAL LAND COMMISSION, ISLAMABAD
|
| Citations |
2013 SLD 1239,
2013 MLD 1
|
| Other Citations |
Federal Land Commission v. Sardar Muhammad Aurangzeb Khan and 5 others 1997 SCMR 911,
Federal Land Commission and others v. S. Ghulam Nabi Shah and others 1989 SCMR 210,
Lal Chand and 2 others v. Officer on Special Duty, Federal Land Commission and 3 others 1984 CLC 2396,
Jalaluddin Zafar and 2 others v. The State 1987 CLC 32,
Ibrahim v. Mst. Wazir Begum PLD 1967 Lah. 1087,
Sardar Abdul Ghafoor Khan and 3 others v. The Federal Land Commission, Islamabad PLD 1979 Lah. 375,
Muhammad Shafie Ullah v. The Govt. of Pakistan and others PLD 2002 Pesh. 50,
Barkat Ali and others v. Sakhi Muhammad and others 2005 YLR 2689,
Mst. Zubeda Begum v. Chief Land Commissioner, Punjab, Lahore and others 1988 SCMR 1798,
Federal Land Commission, Cabinet Secretariat, Islamabad v. Sardar Noor Ahmed Khan and 7 others 1999 SCMR 2697,
Sardar Shafiq Hyder Khan Leghari v. Member (Abdul Qayyum), Federal Land Commission PLD 1981 Lah. 356,
Mst. Sanam Iqbal v. Chairman Federal Land Commission and others 1982 CLC 395,
Ghulam Nabi and others v. Federal Land Commission 1986 CLC 1054,
Muhammad Shafi Khan and another v. Mukhtiar Ahmad and others 1993 SCMR 650
|
| Laws Involved |
Land Reforms Regulation, 1972,
Constitution of Pakistan, 1973
|
| Sections |
Para.29,
24,
199
|