| Case ID |
2bd9d36d-5930-42f3-9863-0c6f87a556e7 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Special Leave to Appeal No. 124 |
| Decision Date |
Jan 22, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal against the Lahore High Court's order. The court found that the land in question had already been allotted and confirmed in favor of the respondents. The Settlement Authority had ignored the established records and granted an allotment to the petitioner, which was rightfully set aside by the High Court. The decision emphasized the importance of adhering to the legal provisions regarding the transfer of evacuee property and affirmed that any available land should be allocated to the petitioner in accordance with the amended provisions of the Displaced Persons (Land Settlement) Act. |
| Summary |
This case revolves around the Displaced Persons (Land Settlement) Act, focusing on the transfer of evacuee property and the legal intricacies involved in land allotment disputes. The Supreme Court of Pakistan reviewed the findings of the Lahore High Court, which had previously confirmed the rightful ownership of the land in question to the respondents. The case highlights the procedural lapses by the Settlement Authority and reinforces the legal framework governing land settlements in Pakistan. The decision underscores the importance of upholding judicial rulings and the necessity for authorities to comply with established legal precedents. This case serves as a crucial reference for similar disputes involving land allotment and the rights of displaced persons, emphasizing the need for transparency and adherence to the law in property matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
S. USMAN ALI SHAH
|
| Lawyers |
Raja Abdul Razraq,
S. Abid Nawaz,
Malik Maqbool Ilahi,
Ch. Khalilur Rahman,
Hamid Aslam Qureshi
|
| Petitioners |
Major ALTAF ALI KHAN
|
| Respondents |
others,
Mst. GATTI ARA
|
| Citations |
1990 SLD 913,
1990 SCMR 1036
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Land Settlement) Act (XLVII of 1958),
Constitution of Pakistan (1973)
|
| Sections |
14(1-A),
185(3)
|