| Case ID |
2cb47a60-267b-404e-a5c4-847616c821cb |
| Body |
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| Case Number |
Civil Appeal No. 640 of 1995 |
| Decision Date |
Apr 09, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court allowed the appeal, determining that the Deputy Administrator (Residual Properties) acted beyond his jurisdiction by attempting to re-open a finalized allotment of land under the Displaced Persons (Land Settlement) Act, 1958. The Court found that the house in question was part of the agricultural land transferred to the appellant's predecessor, and thus should not have been treated as an independent property available for transfer. The order of the Deputy Administrator was declared without lawful authority, and the previous decisions made by the lower courts were overturned. |
| Summary |
This case revolves around the jurisdiction of the Deputy Administrator (Residual Properties) in re-opening previously settled transactions under the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975. The Supreme Court of Pakistan assessed whether the Deputy Administrator had the authority to declare that a house, which was part of agricultural land allotted to a displaced person in 1961, could be treated as an independent property available for transfer. The decision emphasized the finality of allotments made under the Displaced Persons (Land Settlement) Act, 1958 and clarified the limitations of the Deputy Administrator's powers. The ruling reinforced the principle that finalized transactions should not be reopened without substantial justification, thereby upholding the rights of the original allottee and maintaining the integrity of past legal decisions. Key terms include Evacuee Property, Displaced Persons Laws, property rights, and administrative jurisdiction. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMID ALI MIRZA,
MUHAMMAD NAWAZ ABBASI
|
| Lawyers |
Muhammad Hussain Awan,
Muhammad Aslam Ch.,
Ch. Khurshid Ahmed Khan,
Ejaz Ahmed Khan
|
| Petitioners |
USSAMA TARIQ
|
| Respondents |
,
ADMINISTRATOR (RESIDUAL PROPERTIES) ADDITIONAL COMMISSIONER (REVENUE) Lahore DIVISION, Lahore
|
| Citations |
2003 SLD 921,
2003 SCMR 616
|
| Other Citations |
Ali Muhammad v. Chief Settlement Commissioner 2001 SCMR 1822,
Muhammad Ramzan v. Member (Rev.) 1997 SCMR 1635
|
| Laws Involved |
Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975,
Scheme for Management and Disposal of Available Urban Evacuee Properties (1977),
Constitution of Pakistan, 1973,
Displaced Persons (Land Settlement) Act, 1958
|
| Sections |
2(2),
2(3),
4,
Paras.1(c),
6,
13,
185(3),
199,
4
|