| Case ID |
22fa6abe-9b46-4b58-96da-efe4db456c7d |
| Body |
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| Case Number |
Civil Petition Nos. 922, 931 to 934 and 944 of 198 |
| Decision Date |
Jan 29, 1984 |
| Hearing Date |
Jan 29, 1984 |
| Decision |
The Supreme Court dismissed the petitions seeking leave to appeal from the decision of the Lahore High Court. The court found that the Government of Punjab's memorandum, which modified earlier land reservations for the resettlement of displaced persons due to the installation of an Atomic Energy Plant, was valid. The petitioners, who held temporary leases on the land, had no right to proprietary purchase under the notifications issued. The court upheld the decision that the reservations made for land in Rakh Jharkal and Rakh Bambhol were lawful and that the earlier memorandum issued by the Deputy Secretary did not preclude the Board of Revenue from making subsequent amendments. |
| Summary |
This case involves multiple civil petitions consolidated for decision regarding the allocation of state land reserved for resettlement of persons displaced by the installation of an Atomic Energy Plant. The Supreme Court of Pakistan addressed the legality of a government memorandum that modified land reservations. The petitioners, holding temporary leases, contested the government's decision, fearing loss of rights to purchase proprietary interest in the land. The court determined that the modifications were within the government's authority and dismissed the petitions, emphasizing that the lease agreements contained conditions that allowed the government to reclaim land as needed. This case highlights issues of property rights, state authority, and the legal framework surrounding land allocation in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
M.S.H. QURAISHI
|
| Lawyers |
Sh. Abdur Rashid, Senior Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate-on-Record for Petitioners (in Civil Petition No. 922),
Mian Nusratullah, Senior Advocate Supreme Court instructed by S. Abid Nawaz, Advocate-on-Record for Respondents (in Civil Petition No. 922),
Rana Muhammad Sarwar, Advocate Supreme Court instructed by S. Inayat Hussain, Advocate-on-Record for Petitioners,
Malik Allah Wasaya, Advocate Supreme Court, instructed by Rana M.A. Qadri, Advocate-on-Record for Respondents
|
| Petitioners |
FATEH MUHAMMAD and others,
MUHAMMAD RAMZAN and others,
GHULAM YASIN and others,
ALAM SHER and others,
NASIR AHMAD and others,
SAID AMIR and others
|
| Respondents |
PROVINCIAL GOVERNMENT and others,
THE PUNJAB PROVINCIAL GOVT. through its Secretary (Colonies), Lahore and others
|
| Citations |
1984 SLD 821,
1984 SCMR 1205
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185(3)
|