| Case ID |
08d451b9-b829-41b6-a0da-f24e61387f84 |
| Body |
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| Case Number |
Civil Revision No.2124 of 1995 |
| Decision Date |
Jun 17, 2003 |
| Hearing Date |
Jun 17, 2003 |
| Decision |
The Lahore High Court accepted the civil revision petition filed by Muhammad Sadiq, setting aside the previous judgments and decrees of the Revenue Courts and directing the District Officer Revenue to hear and decide the matter afresh. The Court found that the allottee had been in continuous cultivating possession of the land in dispute and had fulfilled all obligations under the terms and conditions of the relevant schemes. The Court emphasized that the delay in applying for proprietary rights was not the fault of the allottee, as he was waiting for the decision on his earlier application. The Court recognized the significant investments made by the allottee in developing the land and found it inequitable to deny him his rights. The case highlights the importance of due process and fairness in administrative decisions regarding land allotment. |
| Summary |
This case revolves around the allotment of land under the Colonization of Government Lands (Punjab) Act, specifically addressing the rights of a temporary lessee who sought proprietary rights after a series of legal challenges. The petitioner, Muhammad Sadiq, was denied proprietary rights on the grounds of not being a continuous cultivator since Rabi 1977. However, the High Court found that he was indeed in continuous possession and had made substantial improvements to the land. The judgment underscores the significance of procedural fairness and the rights of landless tenants in Pakistan, particularly under the agricultural schemes designed to support cultivation and land development. Key legal principles regarding the timing of applications for proprietary rights, the impact of administrative delays, and the responsibilities of Revenue Courts are discussed in detail. The ruling serves as a precedent for similar cases, reinforcing the need for equitable treatment in land allotment matters. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MRS. FAKHAR-UN-NISA KHOKHAR,
MUHAMMAD SADIQ
|
| Lawyers |
Mirza Mehmood Baig,
Akhtar Ali Qureshi
|
| Petitioners |
MUHAMMAD SADIQ
|
| Respondents |
PROVINCE OF PUNJAB
|
| Citations |
2003 SLD 2829,
2003 CLC 1681
|
| Other Citations |
Not available
|
| Laws Involved |
Colonization of Government Lands (Punjab) Act
|
| Sections |
10,
30
|