| Case ID |
048ad280-9148-4510-be9f-a405d8a064d1 |
| Body |
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| Case Number |
W.Ps. No. 37-R, 38-R & 80-R of 2016 |
| Decision Date |
Feb 26, 2018 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled in favor of the Province of Punjab, allowing the Writ Petitions No. 37-R and 38-R of 2016, thus setting aside the impugned orders passed by the Notified Officer regarding land allotments which were found to be illegal and devoid of lawful authority. The court determined that the Notified Officer lacked jurisdiction to allot land within the municipal limits of Lahore as the land had been declared a building site, making any allotment against evacuee claims invalid. The court emphasized that illegal occupants are not entitled to discretionary relief and reiterated that the law favors those who adhere to the rule of law. The decision underscores the importance of lawful authority and proper jurisdiction in land allotment cases, particularly concerning evacuee properties. |
| Summary |
In the case of W.Ps. No. 37-R, 38-R & 80-R of 2016, the Lahore High Court addressed the legality of land allotments made by the Notified Officer in Lahore under the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975. The court determined that the Notified Officer acted beyond jurisdiction, as the land in question had been designated a building site in a 1973 notification, which prohibited allotments against pending evacuee claims. The petitioners, representing the Province of Punjab, successfully challenged the validity of previous orders that had restored illegal allotments. The ruling emphasized the principle that illegal occupants cannot seek relief from the court, reinforcing the notion that the law protects legitimate claims and adheres to established legal frameworks. This case highlights critical issues regarding land rights, jurisdiction, and the legal status of evacuee properties under Pakistani law, making it significant for ongoing discussions about property rights and administrative authority in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Notified Officer, Lahore,
Chief Settlement Commissioner, Punjab
|
| Judges |
CH. MUHAMMAD IQBAL
|
| Lawyers |
Hafiz Muhammad Yusuf, Advocate,
Mr. Muhammad Shahzad Shaukat, Advocate,
Mian Swad Hanif, Advocate,
Mr. Muhammad Omer Malik,
Muhammad Anwar Khan,
Rohail Asghar, Advocates,
Mr. Khalid Ishaq, Advocate/Vice-Counsel,
Sheikh Usman Karim-ud-Din, Advocate
|
| Petitioners |
PROVINCE OF PUNJAB THROUGH MEMBER JUDICIALV/CHIEF SETTLEMENT COMMISSIONER PUNJAB, BOARD OF REVENUE
|
| Respondents |
NOTIFIED OFFICER, LAHORE ETC.
|
| Citations |
2018 SLD 2881 = 2018 PLJ 1094
|
| Other Citations |
2015 SCMR 1449,
PLD 2015 SC 166,
1997 SCMR 1635,
2001 SCMR 1822,
2012 YLR 392,
2010 YLR 1257,
1987 SCMR 1119,
1991 SCMR 1592,
1998 SCMR 2596
|
| Laws Involved |
Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975,
Constitution of Pakistan, 1973
|
| Sections |
2(2),
199
|