| Case ID |
0373ef43-8ae5-40de-bda4-41bc3ec09c8c |
| Body |
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| Case Number |
W.P. No. 7525 of 2003 |
| Decision Date |
Oct 30, 2003 |
| Hearing Date |
Oct 30, 2003 |
| Decision |
The Lahore High Court, in Writ Petition No. 7525 of 2003, ruled on October 30, 2003, regarding the agricultural status of a disputed land. The Court determined that the property in question, which was claimed to be agricultural, had transformed into urban property due to its incorporation within municipal limits. The Court emphasized that the Board of Revenue's judgment was unsustainable as it failed to adequately consider evidence provided by the parties. The Court set aside the Board's decision and dismissed the pre-emption suit, underscoring that the land's status had changed due to urban development, thus it was not amenable to pre-emption claims. This ruling was pivotal in clarifying the interpretation of agricultural land under the Punjab Pre-emption Act. |
| Summary |
In the case of W.P. No. 7525 of 2003, the Lahore High Court addressed critical issues surrounding the nature of land ownership and pre-emption rights under the Punjab Pre-emption Act. The petitioner, Muhammad Ishaq, challenged the decisions of lower courts regarding the classification of a piece of land, which had been sold in several plots for construction purposes. The Court found that the land, despite being claimed as agricultural, had long ceased to be used for farming and had been integrated into the urban landscape of the Municipal Corporation of Gujranwala. The judgment highlighted the importance of evidence in establishing the status of land, reiterating that urbanized land cannot be subject to pre-emption under the relevant laws. The Court’s decision to set aside the previous judgments and dismiss the pre-emption suit has significant implications for property rights and urban development in Punjab, making it a noteworthy case in property law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
M. AKHTAR SHABBIR, J.
|
| Lawyers |
Mr. Muhammad Zain-ul-Abidin,
Mr. Muhammad Sohail Dar,
Ch. Muhammad Iqbal
|
| Petitioners |
MUHAMMAD ISHAQ
|
| Respondents |
,
Ch. Muhammad Iqbal,
MEMBER (CONSOLIDATION) BOARD OF REVENUE, PUNJAB
|
| Citations |
2004 SLD 3342,
2004 PLJ 335
|
| Other Citations |
1996 CLC 654,
PLD 1982 SC 159,
AIR 1937 Lahore 182,
AIR 1947 Lahore 3860,
1994 SCMR 1238,
PLD 1989 SC 568,
NLR 1999 AC 153,
2001 CLC 1447,
PLD 1975 Lahore 359,
PLD 1985 SC 260
|
| Laws Involved |
Constitution of Pakistan, 1973,
Punjab Pre-emption Act, 1991,
Land Reforms Regulation, 1972
|
| Sections |
199,
3(1),
25
|