| Case ID |
1b29ead9-fd76-4d6b-b65f-3e5a3ba63cc1 |
| Body |
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| 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
|