| Case ID |
0ff3334e-76bb-4ddd-af32-68c8e56dbbc1 |
| Body |
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| Case Number |
Civil Appeal No. 127 of 1984 |
| Decision Date |
Oct 12, 1986 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeal, ruling that the Collector had the authority to cancel the grant of land and resume possession due to the breach of conditions stipulated in the grant. The Court concluded that the respondent, who was deemed a tenant until all conditions were fulfilled, misused the land granted for educational purposes by converting it into commercial use. The decision emphasized that the terms of the grant and the applicable laws provided clear grounds for the Collector's actions, which were upheld against the respondent's claims. |
| Summary |
The case revolves around the appeal by the Province of Punjab concerning the resumption of land granted for establishing a school of oriental languages. The respondent failed to comply with the terms of the grant by utilizing the land for unauthorized commercial purposes. The Supreme Court's decision clarified the powers of the Collector under the Colonization of Government Lands Act, emphasizing the importance of adhering to grant conditions. The judgment is significant for understanding the legal framework governing land grants and the responsibilities of grantees, highlighting the balance between government authority and private property rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
MUHAMMAD HALEEM, C.J.,
ABDUL KADIR SHAIKH,
SHAFIUR RAHMAN,
ZAFFUR HUSSAIN MIRZA,
SAAD SAOOD JAN, JJ
|
| Lawyers |
Tanvir Ahmad Khan, Additional Advocate General Punjab instructed by Rao M. Yousuf, Advocate-on-Record for Appellant.,
Sh. Ghias Muhammad, Senior Advocate Supreme Court and Sh. Khurshid Ahmad, Advocate Supreme Court instructed by Ch. Akhtar Ali Advocate-on-Record No. 1.
|
| Petitioners |
PROVINCE OF THE PUNJAB THROUGH COLLECTOR, SHEIKHUPURA
|
| Respondents |
ANJUMAN TALIMULISLAM AND OTHERS
|
| Citations |
1987 SLD 837,
1987 PLD 123
|
| Other Citations |
Rajindra v. Raghubans Kunwar A I R 1918 P C 25,
Government of Punjab v. Harbhagwan and another 1940 P L R 529
|
| Laws Involved |
Constitution of Pakistan (1973),
Colonization of Government Lands (Punjab) Act (V of 1912),
Government Tenants (Punjab) Act (III of 1893),
Government Grants Act (XV of 1895)
|
| Sections |
Art. 185(3),
S. 24,
S. 30,
S. 10,
S. 11,
S. 15,
Sched. II, cl. 5,
S. 8,
S. 3
|