| Case ID |
23338006-e4af-41c3-8cd6-80ec5eaf695a |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No.690 of 1981 |
| Decision Date |
Jul 16, 1988 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal filed by the petitioners against the Lahore High Court's order dated May 2, 1981. The case revolved around the cancellation and resumption of land allotment under the Grow More Food Scheme, which was deemed invalid as the land was not wasteland. The court held that the jurisdiction of civil courts to challenge the resumption order was barred under Section 36 of the Colonization of Government Lands Act, 1912. The petitioners' attempts to challenge the resumption order through a writ petition and civil suit were unsuccessful, leading to the dismissal of their revision petition in the Lahore High Court. The court maintained that interference was not warranted as the civil courts lacked jurisdiction in this matter. |
| Summary |
This case concerns the legal implications of land allotment under the Grow More Food Scheme as governed by the Colonization of Government Lands (Punjab) Act, 1912. The Supreme Court of Pakistan analyzed the jurisdictional limitations imposed by Section 36 of the Act, which restricts civil courts from intervening in matters of land resumption. The petitioners, who had previously been allotted land in 1950, faced cancellation of their allotment on grounds that the land did not qualify as wasteland. Following unsuccessful attempts to challenge this decision through various legal avenues, including a writ petition and civil suit, the petitioners turned to the Supreme Court. The ruling emphasizes the importance of statutory provisions and jurisdictional boundaries within administrative law, particularly in land resumption cases. This case serves as a pivotal reference for understanding the constraints of civil court jurisdiction in matters involving government land and administrative decisions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Punjab,
Lahore High Court
|
| Judges |
MUHAMMAD AFZAL ZUDLAH,
JAVID IQBAL
|
| Lawyers |
M. Yousuf Farooq, Advocate Supreme Court,
Ch. Mchdi Khan Mehtab, Advocate-on-Record
|
| Petitioners |
others,
ABDUL HAMID
|
| Respondents |
others,
PROVINCE OF THE PUNJAB through Collector, Faisalabad
|
| Citations |
1989 SLD 1876,
1989 SCMR 1741
|
| Other Citations |
Not available
|
| Laws Involved |
Colonization of Government Lands (Punjab) Act,
Constitution of Pakistan
|
| Sections |
10,
36,
185(3)
|