| Case ID |
20943e2a-5c96-46d8-bdd6-119117111aef |
| Body |
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| Case Number |
Civil Review Petitions Nos.88, 106 and 127 of 1998 |
| Decision Date |
Feb 08, 2005 |
| Hearing Date |
Dec 13, 2004 |
| Decision |
The Supreme Court of Pakistan dismissed Civil Review Petition No.88 of 1998 and allowed Review Petitions Nos.106 and 127 of 1998. The court held that the previous judgment suffered from error apparent on the face of record, particularly regarding the nature and status of the land in question. The court emphasized that the rights of the petitioners, who had held the land for over three decades, could not be undermined by the auction process initiated by the public authorities. The ruling reinforced the principle that superior courts should protect the vested rights of individuals and ensure justice is served. The decision also highlighted the importance of due process in administrative actions regarding property rights, indicating that any irregularities must be addressed to prevent injustice. |
| Summary |
This case revolves around the review of a previous Supreme Court judgment concerning the allotment and auction of evacuee land. The case involved multiple parties, including Major (R) Barkat Ali as the petitioner and Qaim Din as the respondent. The Supreme Court examined the legality of the land allotment and the subsequent auction, emphasizing the need to uphold the rights of individuals who have possessed land for an extended period. The court referenced various laws, including the Constitution of Pakistan and the Displaced Persons (Land Settlement) Act, underscoring the importance of protecting vested rights against administrative errors. The judgment ultimately served to clarify the boundaries of judicial review in property disputes, ensuring that justice prevails over procedural technicalities. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY,
RANA BHAGWANDAS,
MIAN SHAKIRULLAH JAN
|
| Lawyers |
Raja Muhammad Anwar, Senior Advocate Supreme Court,
Raja Abdul Ghafoor, Advocate-on-Record,
S. M. Masood, Advocate Supreme Court,
Sheikh Zamir Hussain, Advocate Supreme Court,
Chaudhry Akhtar Ali, Advocate-on-Record,
Mehdi Khan Chauhan, Advocate Supreme Court,
Ashtar Ausaf Ali, Advocate-on-Record
|
| Petitioners |
,
Major (R) Barkat Ali
|
| Respondents |
,
Qaim Din
|
| Citations |
2006 SLD 2492 = 2006 SCMR 562
|
| Other Citations |
Vinod Kumar Singh v. Banaras Hindu University 1989 MLD 3215,
Azmat Ali v. Chief Settlement and Rehabilitation Commissioner PLD 1964 SC 260,
Jannat Bibi v. Sher Muhammad 1988 SCMR 1696,
Secretary to Government of Punjab v. Ghulam Nabi PLD 2001 SC 415
|
| Laws Involved |
Constitution of Pakistan (1973),
Supreme Court Rules, 1980,
Civil Procedure Code (V of 1908),
Displaced Persons (Rehabilitation and Compensation) Act (XXVIII of 1958),
Displaced Persons (Land Settlement) Act (XLVII of 1958)
|
| Sections |
188,
175(2),
185(3),
O.XXVI, R.1,
O.XXXIII, R.6,
O.XX, R.1,
O.XLVII, R.1,
10,
13,
Sched. Para.13,
10,
11,
15,
16
|