Legal Case Summary

Case Details
Case ID 1b29ead9-fd76-4d6b-b65f-3e5a3ba63cc1
Body View case body.
Case Number Civil Petition No. 92 of 2014
Decision Date Mar 10, 2015
Hearing Date
Decision The Supreme Court of Pakistan allowed the appeal, setting aside the cancellation of the mutation made in favor of the Provincial Forest Department. The court found that the Federal Land Commission had no reasonable cause or justification for exercising suo motu jurisdiction to cancel a past and closed transaction regarding the land in question. The land, measuring 1737 acres, was to be used solely as forest land, reaffirming the legality of the transfer that had been made in accordance with the Land Reforms Act, 1977. The ruling emphasized the importance of respecting established legal transactions and the need for valid reasoning in administrative actions.
Summary The case involves the Supreme Court of Pakistan's review of a decision by the Federal Land Commission to cancel a mutation transferring land to the Provincial Forest Department under the Land Reforms Act of 1977. The court found that the Commission acted without valid reasons, thus violating established legal principles regarding past transactions. This case highlights the importance of transparency and justification in administrative decisions, particularly concerning land use and management in Pakistan. The resolution of this case is significant for future land reform and administrative law, ensuring that past transactions are respected unless substantial justification is presented for their cancellation. Key terms include land law, administrative jurisdiction, and land reform in Pakistan.
Court Supreme Court of Pakistan
Entities Involved Federal Land Commission, Provincial Forest Department
Judges JAWWAD S. KHAWAJA, IJAZ AHMED CHAUDHRY, MAQBOOL BAQAR
Lawyers Mudassar Khalid Abbasi, A.A.G., Shahzad Mohsin, Naib Tehsildar, Altaf Hussain, Patwari, Shahid Miskeen, LDC for Petitioner, Hafiz Hifzur Rehman, Advocate Supreme Court for Respondent No. 1, Muhammad Waris Khan, Advocate Supreme Court for Respondents Nos. 2 to 14
Petitioners PROVINCE OF PUNJAB through DFO, Forest Department, Attock
Respondents MEMBER, FEDERAL LAND COMMISSION, Islamabad court and others
Citations 2015 SLD 2080, 2015 SCMR 1000
Other Citations Not available
Laws Involved Land Reforms Act (II of 1977)
Sections 17