| Case ID |
2b841beb-3a45-4eaa-83e8-961aeb11f3ab |
| Body |
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| Case Number |
Civil Petition No. 735 of 1976 |
| Decision Date |
May 21, 1979 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan determined that the petitioners, who were displaced persons from District Meerut, India, had no entitlement to urban land in dispute as they had verified claims for rural land abandoned in India. The court concluded that the petitioners could not retain the land and were not eligible for allotment of the urban land measuring 2 kanals, 14 marlas, 6 sarsahis. The court dismissed their petition for special leave, reiterating that they had failed to establish their claim to the urban land and had only the right to retain the land measuring 1 kanal, 8 marlas. Furthermore, the court noted that new contentions raised by the petitioners were not previously advanced in lower courts, and thus, the court was not obliged to express an opinion on those matters. |
| Summary |
In the landmark case of Civil Petition No. 735 of 1976, the Supreme Court of Pakistan addressed the issue of land entitlement for displaced persons from India. The petitioners, who had been allocated urban land, were found to lack any verified claim to such land, as their claims were only related to rural land abandoned during the partition. The court ruled decisively that the petitioners could not retain the urban land in question and upheld the decision of lower courts, which had previously dismissed their claims. The ruling emphasizes the importance of verified claims in land allotment cases and serves as a significant precedent in matters concerning land rights for displaced persons. The decision underscores the court's adherence to legal principles regarding land entitlement, reinforcing the necessity for clear documentation and eligibility criteria in such cases. The case highlights the complexities surrounding land rights in post-partition Pakistan and the legal challenges faced by displaced persons in claiming their rightful entitlements. Keywords: Land entitlement, Displaced persons, Pakistan land law, Supreme Court rulings, Urban land claims. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ANWARUL HAQ, C.J.,
MUHAMMAD AKRAM, J.
|
| Lawyers |
Ch. Qatnar ud Din Khan Meo, Advocate Supreme Court,
Meraj ud Din Chaudhry, Advocate on-Record,
Ch. Noor Elahi, Advocate Supreme Court,
Sh. Abdul Karim, Advocate on-Record
|
| Petitioners |
ABDUL BARI AND OTHERS
|
| Respondents |
DEPUTY COMMISSIONER (WITH POWERS OF SETTLEMENT COMMISSIONER), SAIHWAL AND OTHERS
|
| Citations |
1979 SLD 624,
1979 SCMR 475
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Land Settlement) Act,
Constitution of Pakistan (1973)
|
| Sections |
10,
185
|