Legal Case Summary

Case Details
Case ID 16602c5c-d38a-4f5d-a4a1-0c32eb5ad528
Body View case body.
Case Number CIVIL MISC. APPLICATION NO. 3854 OF 2014 IN S.M.C.
Decision Date May 04, 2018
Hearing Date
Decision The Supreme Court of Pakistan ruled that the total area of the forest land known as Rukh Takht Pari is 2210 acres. The court found that the encroachment proceedings between Bahria Town and the Forest Department were fraught with misrepresentation and erroneous assumptions, leading to invalid exchanges of land. The court directed a fresh demarcation of the land to be conducted by the Forest Department, Revenue Department, and Survey of Pakistan, with strict oversight and notification to all parties involved. The court also mandated an investigation by the National Accountability Bureau (NAB) into the matter to hold accountable those responsible for any wrongdoing.
Summary This case revolves around the encroachment of forest land by Bahria Town, with significant legal implications under the Punjab Land Revenue Act and other regulations. The Supreme Court of Pakistan decisively ruled that the forest area in question is 2210 acres, dismissing claims of a reduced area of 1741 acres as unfounded. The court's decision emphasizes the importance of accurate land demarcation and adherence to legal protocols, highlighting the potential for corruption and mismanagement within government agencies. The ruling mandates a fresh demarcation process, aiming to restore the integrity of forest land and ensure accountability for past actions. Keywords include 'Bahria Town', 'Supreme Court of Pakistan', 'land encroachment', 'forest law', 'Punjab Land Revenue Act', and 'land demarcation'.
Court Supreme Court of Pakistan
Entities Involved Government of Punjab, National Accountability Bureau (NAB), Bahria Town (Pvt.) Ltd.
Judges Ejaz Afzal Khan, Maqbool Baqar, Faisal Arab
Lawyers Ali Zafar, Zahid Nawaz Cheema, Raja Abdul Ghafoor, Syed Zahid Hussain Bokhari, Ch. Aitzaz Ahsan, Gohar Ali Khan, Syed Rifaqat Hussain Shah, Hafiz Hifz-ur-Rehman, Razzaq A. Mirza, Sajid Ilyas Bhatti, Barrister Asad Rahim Khan, Barrister Minael Tariq, Mirza Moiz Baig
Petitioners BAHRIA TOWN through Company Secretary
Respondents GOVERNMENT OF PUNJAB and others, ABDUL QAYYUM and others, MUHAMMAD SHAFI and others
Citations 2018 SLD 2399, 2018 SCMR 1864
Other Citations 2016 PTD 1675, PLD 1997 SC 32
Laws Involved Punjab Land Revenue Act, 1967, Forests Act, 1927, Punjab Land Revenue Rules, 1968
Sections 30, 39, 8(a), R.67-A