| Case ID |
2ad694e8-e03c-489e-98be-d74db85289b6 |
| Body |
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| Case Number |
Civil Appeal No. 259 of 1978 |
| Decision Date |
May 14, 1985 |
| Hearing Date |
May 14, 1985 |
| Decision |
The Supreme Court of Pakistan ruled in favor of the appellants, Karamat Ali and others, by setting aside the order of the Lahore High Court which denied them the right to adjust their unsatisfied claims based on the earlier judgment that allowed them a choice in land allotment. The court found that the High Court erred in concluding that the appellants had no unsatisfied claims, and thus their right to choose should not have been taken away. The decision reinforces the principle that displaced persons have a right to rectify errors in land allotments and that any denial of choice in this context is not aligned with the law's intentions. The court awarded costs of the appeal to the appellants. |
| Summary |
This case revolves around the rights of displaced persons regarding land allotment under the Displaced Persons (Land Settlement) Act of 1958. The appellants, Karamat Ali and others, challenged the Lahore High Court's decision that denied them the right to adjust their unsatisfied claims after the cancellation of some allotments. The Supreme Court emphasized that the denial of choice was punitive and not intended by law. The ruling highlighted the importance of ensuring that displaced persons can exercise their rights to land allotment and rectify any errors made by authorities. This case sets a precedent for future claims by displaced individuals seeking justice in land settlement matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
ZAFFAR HUSSAIN MIRZA, J
|
| Lawyers |
Ch. Muhammad Farooq, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record for Appellants,
A.R. Shaukat, Senior Advocate Supreme Court,
Ch. Muhammad Aslam, Advocate-on-Record for Respondents Nos. 1 to 6
|
| Petitioners |
5 others,
KARAMAT ALI
|
| Respondents |
6 others,
KHAIR DIN
|
| Citations |
1985 SLD 896,
1985 SCMR 1661
|
| Other Citations |
Muhammad Yousaf and others v. Settlement Commissioner (Land), Multan Division, Multan and others Civil Appeal No. 193 of 1977
|
| Laws Involved |
Constitution of Pakistan (1973),
Displaced Persons (Land Settlement) Act (XLVII of 1958)
|
| Sections |
Art. 185(3),
Ss. 10,
Ss. 11
|