| Case ID |
2ad061d5-3a07-466f-8a71-cb06d58859b4 |
| Body |
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| Case Number |
Civil Appeal No. 132 of 1974 |
| Decision Date |
Apr 22, 1986 |
| Hearing Date |
Apr 22, 1986 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal to examine whether the Lahore High Court correctly denied the appellant the right of preferential allotment. The court found that the appellant, being a sitting allottee with a verified claim, had a prior right over the respondents who were not sitting allottees. The court set aside the previous order of cancellation of the appellant's allotment made without notice and remanded the case for determining the comparative entitlement of the parties. The final decision favored the appellant, ordering that their verified claim be satisfied first before considering the claims of the respondents. The appeal was thus accepted. |
| Summary |
In this landmark case, the Supreme Court of Pakistan deliberated on the rights of displaced persons under the Displaced Persons (Land Settlement) Act, 1958. The case arose when the Lahore High Court denied the appellant, Haji Ahmad Din, preferential allotment of land despite his verified claim, favoring a respondent who was not a sitting allottee. The Supreme Court, upon reviewing the facts, emphasized the importance of due process in allotment decisions, particularly regarding rights of prior claimants. The court ruled in favor of the appellant, reinforcing the principle that verified claims must be honored, thus ensuring justice for displaced persons. This decision highlights the ongoing challenges faced by individuals in securing land rights in Pakistan and the judicial commitment to uphold constitutional protections. The implications of this case extend to future land settlement disputes, ensuring that procedural fairness is maintained in administrative decisions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Shafiur Rahman,
Zaffar Hussain Mirza
|
| Lawyers |
A.R. Shaukat,
Karam Elahi Bhatti,
Pervaiz Akhtar,
S. Inayat Hussain
|
| Petitioners |
another,
Haji Ahmad Din
|
| Respondents |
another,
Mst. Sughari
|
| Citations |
1987 SLD 549,
1987 SCMR 63
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Displaced Persons (Land Settlement) Act (XLVII of 1958)
|
| Sections |
185(3),
10,
11
|