| Case ID |
07b51ca4-97c6-4f3d-b1bd-6bb0b021dbdf |
| Body |
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| Case Number |
Civil Appeals Nos. 1009 of 2010 and 933-L of 2013 |
| Decision Date |
Dec 07, 2017 |
| Hearing Date |
Dec 07, 2017 |
| Decision |
In the landmark decision dated December 7, 2017, the Supreme Court of Pakistan adjudicated on Civil Appeals Nos. 1009 of 2010 and 933-L of 2013, stemming from a significant dispute over land allocation under the Grow More Scheme. The appellants, Umar Ata Bandial, Mazhar Alam Khan Miankhel, and Yar Muhammad, challenged the Lahore High Court's judgment which had previously set aside an order by the Board of Revenue, Punjab, that affected their proprietary rights over certain government lands. The Supreme Court meticulously examined allegations of land fraud and collusion involving local Patwari officials and influential individuals, which led to the fraudulent inclusion of the disputed land in the Islamabad Oustees Scheme. The court found substantial evidence of collusion and fraudulent practices that undermined the petitioners' rightful claims. Consequently, the court ruled in favor of the appellants for Civil Appeal No.1009/2010, thereby reinstating their proprietary rights as per the Grow More Scheme, while dismissing Civil Appeal No.933-L/2013. This decision underscores the judiciary's commitment to upholding property rights and combating corruption within land allocation processes, ensuring that genuine claimants receive due recognition and protection under the law. |
| Summary |
In the pivotal case of Civil Appeals Nos. 1009 of 2010 and 933-L of 2013 before the Supreme Court of Pakistan, the appellants Umar Ata Bandial, Mazhar Alam Khan Miankhel, and Yar Muhammad contested the decisions impacting their proprietary rights under the Colonization of Government Lands (Punjab) Act, 1912. The dispute originated from the Grow More Scheme initiated in 1956, aimed at allocating state land to self-cultivators and small landholders. The petitioners were unlawfully deprived of their land due to fraudulent activities and collusion between a local Patwari and influential individuals, leading to the wrongful inclusion of their land in the Islamabad Oustees Scheme. This malicious act resulted in the land being unfairly allotted to other parties and subsequently sold to Respondent No.1, Mst. Sameena Tayab, who was found to be connected to the general attorney of the respondents. The Supreme Court meticulously reviewed the evidence, including the improper transfer and sale transactions that occurred without maintaining proper records or acknowledging the status-quo order. The judgment highlighted the systemic failures and corruption within the land allocation process, emphasizing the necessity for transparency and accountability. By allowing Civil Appeal No.1009/2010 and dismissing No.933-L/2013, the court restored the petitioners' rights, reaffirming their legitimate claims and setting a precedent against similar fraudulent practices. This case underscores the importance of legal integrity in land distribution schemes and serves as a critical reference for future litigations involving property rights, governmental land policies, and anti-corruption measures in Pakistan's judicial landscape. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Board of Revenue, Punjab,
Patwari Halqa,
Grow More Scheme,
Islamabad Oustees Scheme
|
| Judges |
UMAR ATA BANDIAL,
MAZHAR ALAM KHAN MIANKHEL,
JUSTICE YAR MUHAMMAD
|
| Lawyers |
Zulfikar Khalid Maluka,
Ahmad Nawaz Ch.,
Razzaq A. Mirza,
Malik Noor Muhammad Awan,
Mian Ghulam Hussain
|
| Petitioners |
MAZHAR ALAM KHAN MIANKHEL,
UMAR ATA BANDIAL,
Yar Muhammad and others
|
| Respondents |
Mst. SAMEENA TAYAB and others
|
| Citations |
2022 SLD 1209 = 2022 SCMR 1592
|
| Other Citations |
W.P. No.1673/2000,
Civil Appeal No.60/1971
|
| Laws Involved |
Colonization of Government Lands (Punjab) Act, 1912
|
| Sections |
30
|