| Case ID |
16b92c43-4b06-4f13-adbb-56af945547e1 |
| Body |
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| Case Number |
Civil Appeal No.1265 of 2000 |
| Decision Date |
Jan 04, 2011 |
| Hearing Date |
Jan 04, 2011 |
| Decision |
The Supreme Court of Pakistan ruled in favor of the appellants, restoring the validity of the property allotments made under the Displaced Persons (Land Settlement) Act, 1958. The Court found that the Settlement Commissioner had no jurisdiction to cancel the allotments made in 1963 and 1964, as the property in question was classified as urban agricultural land, not a building site. The Court emphasized that the status of Banjar Qadeem as agricultural land was clear, and the Settlement Commissioner had erred in his assessment. The Court set aside the previous orders and maintained the original allotments, declaring the action of the Settlement Commissioner void and without jurisdiction. |
| Summary |
In the case of Civil Appeal No.1265 of 2000, the Supreme Court of Pakistan addressed the legality of property allotments made under the Displaced Persons (Land Settlement) Act, 1958. The appellants, Imtiaz Ahmad and others, contested the cancellation of their property allotments by the Settlement Commissioner, alleging that the land had been incorrectly classified as a building site. The Court examined the historical context of the allotments, dating back to 1963 and 1964, and highlighted the absence of jurisdiction by the Settlement Commissioner post-repeal of relevant laws in 1975. The ruling underscored the legal principles surrounding land classification, particularly concerning agricultural land, and reaffirmed the rights of the appellants as bona fide purchasers. This decision has significant implications for property law, particularly in the context of land use and classification in Pakistan, ensuring the protection of property rights for displaced persons. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Settlement Authorities,
Lahore High Court
|
| Judges |
MUHAMMAD SAIR ALI,
ASIF SAEED KHAN KHOSA
|
| Lawyers |
Samad Mehmood,
Hafiz M. Yousaf
|
| Petitioners |
Mushtaq Ahmed,
IMTIAZ AHMAD,
Ejaz Ahmed,
Sakhi Muhammad
|
| Respondents |
SETTLEMENT COMMISSIONER, RAWALPINDI,
ADMINISTRATOR (RESIDUAL PROPERTIES)
|
| Citations |
2011 SLD 874,
2011 PLD 342
|
| Other Citations |
Sufi Muhammad Din v. Additional Commissioner (Revenue) 1991 SCMR 905
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act, 1958,
Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975
|
| Sections |
15(3),
3
|