| Case ID |
01396f75-b513-4bda-8863-39a46bf3f366 |
| Body |
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| Case Number |
Writ Petitions Nos.989, 65, 1134, 1214, 1622, 2419 |
| Decision Date |
Jul 09, 2007 |
| Hearing Date |
Feb 15, 2007 |
| Decision |
The Lahore High Court allowed the constitutional petitions challenging the cancellation of mutations in favor of the National Highway Authority (NHA). The court found that the cancellations were made without due process and violated principles of natural justice. The court emphasized that the legal title of the land in question remained with the Secretary (Colonies), Government of Punjab, and any cancellation must be conducted in an open assembly after providing notice to the affected parties. The court remanded the case for a proper hearing, ensuring that all parties could present their arguments. |
| Summary |
This case revolves around the legal title and ownership of land forming part of the Grand Trunk Road, which had been transferred to the National Highway Authority (NHA) by the Government of Punjab. The cancellation of mutations in favor of NHA by the Secretary Board of Revenue was contested on grounds of lack of notice and violation of natural justice principles. The court underscored that the Secretary (Colonies) held the legal title under the Colonization of Government Lands (Punjab) Act, 1912, and that proper procedures must be followed when altering land ownership rights. The ruling reinforces the necessity of adhering to legal protocols in administrative decisions regarding land. |
| Court |
Lahore High Court
|
| Entities Involved |
National Highway Authority,
Board of Revenue, Government of Punjab
|
| Judges |
MUHAMMAD MUZAMMAL KHAN,
SYED HAMID ALI SHAH
|
| Lawyers |
Raja Muhammad Akram,
Jahanzeb Khan Bharwana,
Syyed Nayyer Abbas Rizvi,
Asim Khan, Director (Legal), N.H.A.,
Rana M. Tariq, Asstt. Director (Legal) N.H.A.,
Ch. Rizwan Mushtaq, A.A.-G.,
Zafar Iqbal Kalanuri
|
| Petitioners |
NATIONAL HIGHWAY AUTHORITY through Chairman
|
| Respondents |
NASRULLAH KHAN CHATTAH, SECRETARY, BOARD OF REVENUE, GOVERNMENT OF THE PUNJAB, LAHORE and 3 others
|
| Citations |
2007 SLD 2689,
2007 CLC 1794
|
| Other Citations |
Fuel Auto Supply Company and 5 others v. Federation of Pakistan 2005 MLD 1844,
Rimpa Limited and others v. Karachi Metropolitan Corporation 2004 CLC 1797,
Shamas Textile Mills Ltd. and others v. The Province of Punjab and 2 others 1999 SCMR 1477,
Zahida Sattar v. Federation of Pakistan PLD 2002 SC 48,
Collector of Customs, Custom House, Lahore and 3 others v. Messrs S.M. Ahmad and Company (Pvt.) Limited, Islamabad 1999 SCMR 138,
Pakistan International Airlines Corporation through Chairman v. Inayat Rasool 2003 SCMR 1128,
Muhammad Nawaz v. Federation of Pakistan and 61 others 1992 SCMR 1420,
Abdul Haque Indhar and others v. Province of Sindh through Secretary Forest, Fisheries and Livestock Department Karachi and 3 others 2000 SCMR 907,
Federation of Pakistan through Secretary Ministry of Interior, Government of Pakistan Islamabad v. The General Public PLD 1988 SC 645,
Miss Rukhsana Soomro v. Board of Intermediate and Secondary Education, Larkana, Sindh and others 2000 MLD 145,
Government of Pakistan through Secretary, Ministry of Defence, Rawalpindi and another v. Messrs Shoaib Bilal Corporation and 2 others 2004 CLC 1104,
Muhammad Saleem-II, Stenographer, Establishment Division, Islamabad v. Federation of Pakistan through Secretary Establishment Division, Islamabad and others 1998 SCMR 747,
Messrs Mehraj Floor Mills and others v. Provincial Government and others 2001 SCMR 1806,
Muhammad Suleman v. Additional Deputy Commissioner (General), Lahore Cantt. PLD 2000 Lah. 262,
Khadim Hussain v. Deputy Commissioner Hafizabad and others 2000 MLD 577,
Gulzar Ahmad Khan and 2 others v. Deputy Commissioner, Hafizabad and others 2000 CLC 1746
|
| Laws Involved |
Colonization of Government Lands (Punjab) Act,
Constitution of Pakistan
|
| Sections |
4,
10,
199
|