| Case ID |
19f8908c-2306-4ccc-b91c-c6a8818a0988 |
| Body |
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| Case Number |
Civil Petition No.432-L of 2002 |
| Decision Date |
Feb 06, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan reviewed the case concerning the cancellation of land allotments under the Displaced Persons (Land Settlement) Act, 1958, which was based on a Mukhbari application indicating fraudulent claims by the original allotment holders. The Court found that the Settlement Commissioner had acted without jurisdiction due to the repeal of the relevant settlement laws prior to the application. It further ruled that authorities could not challenge the validity of claims without evidence that the claims were fraudulent or unverified, reaffirming the principles established in previous case law. Leave to appeal was granted, allowing for further examination of the issues presented. |
| Summary |
This case revolves around the interpretation of the Displaced Persons (Land Settlement) Act, 1958, particularly sections 10 and 11, in relation to a Mukhbari application filed in 1976. The Supreme Court examined whether the Settlement Commissioner had the authority to act post-repeal of the settlement laws and whether the claims in question were valid. The judgment emphasizes the importance of jurisdiction and the standards required to contest land allotments based on claims of fraudulent acquisition. The decision underscores the legal framework surrounding displaced persons' properties and the procedural integrity required for adjudicating such claims, making it significant for ongoing discussions about property rights and legal remedies in Pakistan. Keywords: Displaced Persons, Land Settlement Act, Supreme Court, property rights, legal jurisdiction. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUNIR A. SHEIKH,
FAQIR MUHAMMAD KHOKHAR
|
| Lawyers |
Malik Muhammad Qayyum, Advocate Supreme Court,
Tanvir Ahmad, Advocate-on-Record
|
| Petitioners |
FAZAL DIN and others
|
| Respondents |
ADDITIONAL COMMISSIONER (REVENUE)/NOTIFIED OFFICER and others
|
| Citations |
2002 SLD 1436,
2002 SCMR 1413
|
| Other Citations |
Muhammad Siddique and others v. Abdul Majeed and others 1999 SCMR 2674
|
| Laws Involved |
Displaced Persons (Land Settlement) Act (XLVII of 1958),
Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975),
Constitution of Pakistan (1973)
|
| Sections |
10,
11,
2,
185(3),
199
|