| Case ID |
2696dd76-660c-490e-8818-92321a500318 |
| Body |
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| Case Number |
Civil Appeals Nos. 19-K to 28-K of 1983 and 199-K |
| Decision Date |
May 02, 1991 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the Civil Appeals Nos. 19 to 28-K of 1983 and Civil Appeals Nos. 199-K and 200-K of 1984, affirming the decision of the Sindh High Court. The Court held that the delay in filing the petitions was not contumacious and was due to the absence of the daftry of the copying branch of the High Court. The High Court's ruling to uphold the rights of the petitioners to proprietary rights in the lands leased to them was maintained, and the case was remanded to the Board of Revenue to determine the entitlement of the petitioners in accordance with the decision of the Land Utilization Committee. The Court emphasized that the authority to make an order also includes the power to undo it, provided no vested rights are affected. The judgment underscored the importance of procedural adherence in administrative decisions and the rights of individuals to seek redress in the face of governmental actions. |
| Summary |
This case involves the Supreme Court of Pakistan's decision regarding appeals related to the rights of land allottees under the Colonization of Government Lands (Punjab) Act. The appeals arose from a judgment of the Sindh High Court, which upheld the rights of the petitioners to proprietary rights in lands leased under the Grow More Food Scheme. The Supreme Court examined issues of delay in filing appeals and the authority of the Board of Revenue regarding land decisions. It highlighted the principle of locus poenitentiae, affirming that administrative authorities possess the power to rescind or modify decisions as long as vested rights are not compromised. This case is significant for understanding land rights, administrative law, and procedural compliance in Pakistan's legal framework. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
GOVERNMENT OF SINDH,
BOARD OF REVENUE, HYDERABAD
|
| Judges |
ZAFFAR HUSSAIN MIRZA,
NAIMUIDDIN,
SAJJAD ALI SHAH
|
| Lawyers |
Not available
|
| Petitioners |
NIAZ AHMAD and others
|
| Respondents |
ABDUL GHAFFAR,
GOVERNMENT OF SINDH through SECRETARY, BOARD OF REVENUE, HYDERABAD and others
|
| Citations |
1991 SLD 1531,
1991 SCMR 2293
|
| Other Citations |
Pakistan through the Secretary, Ministry of Finance v. Muhammad Himayatullah Farukhi PLD 1969 SC 407
|
| Laws Involved |
Constitution of Pakistan (1973),
Supreme Court Rules, 1980,
Limitation Act (IX of 1908),
Colonization of Government Lands (Punjab) Act (V of 1912),
General Clauses Act (X of 1897)
|
| Sections |
Art. 185(3),
O. XXXIII, Rr. 3 & 6,
S. 5,
S. 10,
S. 21
|