| Case ID |
203691e0-c6d7-4c0c-91b0-315251be1369 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.1597 of 2003 |
| Decision Date |
Oct 11, 2005 |
| Hearing Date |
Oct 11, 2005 |
| Decision |
The petition for leave to appeal was dismissed as the petitioners failed to establish their ownership and entitlement to the land acquired by the government. The Supreme Court noted that the petitioners had not provided sufficient evidence of ownership prior to 1984 and 1985 and had concealed previous civil suits filed regarding the same land. The Court emphasized that constitutional jurisdiction cannot be invoked by parties acting in bad faith or with unconscionable conduct. The absence of clear legal rights and the failure to pursue available legal remedies in civil courts led to the conclusion that the petitioners were not entitled to relief under Article 199 of the Constitution. |
| Summary |
In the case of Civil Petition No.1597 of 2003, the Supreme Court of Pakistan addressed the constitutional jurisdiction under Article 199 of the Constitution concerning the acquisition of land by the government for military purposes. The petitioners, FAIZ BAKHSH and others, claimed ownership of land measuring 1317 Kanals in Mauza Hansra, Bahawalpur, which was acquired by the government in 1955. The petitioners contended that they were deprived of their property without compensation. However, the Court found that the petitioners failed to provide adequate evidence of ownership prior to the acquisition and had previously filed civil suits that were withdrawn or dismissed. The judgment highlighted that constitutional relief cannot be granted to those who do not come to court with clean hands, as the petitioners had concealed material facts regarding their prior legal actions. The decision reinforced the principle that constitutional jurisdiction should not be used to resolve factual controversies that are better suited for civil courts. The Court ultimately dismissed the petition, reiterating that the petitioners did not meet the burden of proof necessary to establish their claims. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
YAVED IQBAL,
HAMID ALI MIRZA
|
| Lawyers |
Ejaz Ahmed Ansari,
Ch. Akhtar Ali
|
| Petitioners |
FAIZ BAKHSH and others
|
| Respondents |
DEPUTY COMMISSIONER/LAND ACQUISITION OFFICER, BAHAWALPUR and others
|
| Citations |
2006 SLD 2422 = 2006 SCMR 219
|
| Other Citations |
State Life Insurance Corporation v. Pakistan Tobacco Company Limited PLD 1983 SC 280,
Muhammad Younas Khan v. Government of N.-W.F.P. through Secretary, Forest and Agriculture, Peshawar 1993 SCMR 618,
Fateh Ali v. Province of Balochistan through Secretary, Health 1997 SCMR 1687,
Manzoor Hussain v. Zulfiqar Ali 1983 SCMR 137,
Khan Gul v. District Judge, Attock PLD 1990 Lah. 263,
P.G. Barganza v. Border Area Allotment Committee 1984 CLC 1479,
Muntizma Committee v. Director K.A. PLD 1992 Kar. 54,
Mahmoona v. Ilam Din PLD 1984 Lah. 228,
Khairuddin v. Settlement Commissioner 1988 SCMR 988,
Muhammad Ali v. Government of Sindh 1986 CLC 1123,
Ghulam Rasool v. Tauheed Akhtar 1991 MLD 1755,
Raza Khan v. V.C. N.-W.F.P. University of Engineering and Technology 1982 SCMR 560,
Shams Din v. Additional Settlement Commissioner PLD 1985 Lah. 508,
Muhammad Azhar v. Province of Punjab PLD 1975 Lah. 921,
Ghulam Haider v. Station House Officer CPS PLD 1988 Quetta 52,
Syed Shah v. Political Agent Bajaur Agency PLD 1981 Pesh. 57,
Muhammad Aman v. Atta Muhammad 1982 SCMR 270,
Abdur Rahim Khan v. Town Committee 1985 CLC 2805,
Rehmatullah Khan v. Pir Shahzada PLD 1961 Pesh. 40
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 199,
Arts. 185(3) & 199
|