| Case ID |
15aaf877-af75-4fef-bd89-ed10a57780e0 |
| Body |
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| Case Number |
Writ Petition No.2626 of 2008 |
| Decision Date |
Jun 10, 2009 |
| Hearing Date |
Jun 10, 2009 |
| Decision |
The Lahore High Court dismissed the constitutional petition challenging the order dated 20-2-2008 passed by the Board of Revenue regarding the allotment of land to Sheru Khan, an evictee of Mangla Dam. The court found that the Board of Revenue had acted within its jurisdiction under section 8 of the West Pakistan Board of Revenue Act, 1957, and noted that the second review sought by the petitioner was not competent. The decision emphasized that once proprietary rights are conferred upon an allottee, the Board cannot cancel the allotment. The court upheld that the appropriate legal recourse for any allegations of fraud or misrepresentation would lie in civil court, and the petitioner lacked locus standi in this matter. Hence, the petition was dismissed with costs. |
| Summary |
In the case of Writ Petition No.2626 of 2008, the Lahore High Court presided over a constitutional petition concerning the allotment of land to Sheru Khan, an evictee of the Mangla Dam. The petitioner, Haq Nawaz, contested an order made by the Board of Revenue on 20-2-2008, which had regularized the allotment of land to Khan despite challenges related to the land's inclusion in the Mangla Dam evictees' schedule. The court meticulously examined the statutory framework governing land allotment under the West Pakistan Board of Revenue Act and the Colonization of Government Lands Act, underscoring the legal principles surrounding proprietary rights and the jurisdictional limits of the Board. The ruling was significant, affirming that once proprietary rights are established, they cannot be revoked by the Board of Revenue, thus reinforcing the stability of land ownership rights. The court ruled that the petitioner lacked the standing to pursue the case, ultimately dismissing the petition with costs. This case highlights key issues regarding land rights, administrative jurisdiction, and the protection of property rights, making it a landmark reference for similar disputes in the future. |
| Court |
Lahore High Court
|
| Entities Involved |
Board of Revenue,
Mangla Dam
|
| Judges |
ABDUL SATTAR GORAYA, J
|
| Lawyers |
Hafiz Khalil Ahmad for Petitioners,
Shamsher Ijaz for Respondents,
Amjad Ali Chattha, A.A.-G. for the State
|
| Petitioners |
Haq Nawaz
|
| Respondents |
|
| Citations |
2009 SLD 619,
2009 CLC 1247
|
| Other Citations |
2004 MLD 441,
2002 YLR 2310
|
| Laws Involved |
West Pakistan Board of Revenue Act, (XI of 1957),
Colonization of Government Lands (Punjab) Act, 1912
|
| Sections |
8,
10(2),
30(2),
16
|