| Case ID |
17a414a0-567e-4b82-897e-6335d30ae7b0 |
| Body |
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| Case Number |
Writ Petition No. 652-R of 1980 |
| Decision Date |
Apr 07, 1993 |
| Hearing Date |
|
| Decision |
The Lahore High Court accepted the writ petition filed by the petitioners, MUHAMMAD RASHID and others, against the Additional Settlement Commissioner. The court concluded that the claim of the claimant, Arura, for the land abandoned in India was genuine and that there was no justification for reopening the case to enquire into his migration to Pakistan. The court found that the orders challenging the allotment were made without proper jurisdiction and were therefore illegal. Consequently, the writ petition was accepted with no order as to costs, effectively upholding the legitimacy of the original land allotment and dismissing the need for further enquiry. |
| Summary |
In the landmark case of Writ Petition No. 652-R of 1980, adjudicated by the Lahore High Court on April 7, 1993, the court addressed a significant dispute under the Displaced Persons (Land Settlement) Act (XLVII of 1958), specifically sections 10 and 11. The petitioners, led by MUHAMMAD RASHID and others, challenged the decision of the Additional Settlement Commissioner regarding the allotment and subsequent cancellation of land originally claimed by Arura in India. The core issue revolved around the legitimacy of Arura's migration to Pakistan and the genuineness of his land claim.
The court meticulously reviewed the evidence, including documentary proof from the Central Record Office, which verified Arura's claim for 103 Bighas and 7 Biswas of land in Mauza Alipur Had Bast No. 264, Tehsil and District Ambala, verified on September 4, 1955, and allotted on February 1, 1956. Despite attempts by respondent No.2, Rana Safdar Jang, to contest the allotment by claiming the land for himself and subsequently selling it to other respondents, the court found no justifiable grounds for the cancellation of the original allotment.
Judge SHAIKH ABDUL MANNAN emphasized that the orders directing the enquiry into Arura's migration were beyond the jurisdiction of the Additional Settlement Commissioner and lacked legal standing. The evidence overwhelmingly supported the authenticity of Arura's claim, and the subsequent cancellation and attempts to reallocate the land were deemed unlawful. The court dismissed the petition, reinforcing the principles of fair land settlement and protecting the rights of displaced persons under the relevant legislation.
This decision is pivotal in land dispute jurisprudence, particularly concerning the rights of displaced individuals and the adherence to statutory procedures in land allotment and cancellation. It underscores the judiciary's role in ensuring legal integrity and protecting vulnerable parties from arbitrary administrative actions. The case also highlights the importance of maintaining accurate records and the legal ramifications of challenging government decisions without proper jurisdiction.
Key legal professionals involved included the petitioners' advocates, Muhammad Amin Lone and Ch. Nawab-ud-Din Mahmood, and the respondents' counsel, M.Z. Khalil and Muhammad Rafique Khan. Their arguments centered on the authenticity of the land claim and the procedural validity of the Commissioner’s actions. The court's decision serves as a reference point for future cases involving land settlement, migration authenticity, and administrative law, ensuring that legal processes are followed meticulously to uphold justice and equity.
Overall, this case reinforces the significance of clear legal frameworks in resolving land disputes, the protection of displaced persons' rights, and the necessity for administrative actions to be grounded in lawful authority. It remains a critical precedent in Pakistani legal history, shaping the discourse on land rights and administrative justice. |
| Court |
Lahore High Court
|
| Entities Involved |
Ghulam Rasool,
Chief Settlement Commissioner,
Additional Settlement Commissioner,
Settlement Department,
Central Record Office,
OSD Record,
Rana Safdar Jang,
Shahabuddian
|
| Judges |
SHAIKH ABDUL MANNAN, J
|
| Lawyers |
Muhammad Amin Lone,
Ch. Nawab-ud-Din Mahmood,
M.Z. Khalil,
Muhammad Rafique Khan
|
| Petitioners |
MUHAMMAD RASHID and others
|
| Respondents |
ADDITIONAL SETTLEMENT COMMISSIONER
|
| Citations |
1994 SLD 1094,
1994 CLC 62
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Land Settlement) Act (XLVII of 1958)
|
| Sections |
Ss. 10 & 11
|