| Case ID |
2d3457a9-cd32-4986-8001-d4a16a1494b2 |
| Body |
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| Case Number |
Civil Petition No. 31 L of 1994 |
| Decision Date |
Apr 26, 1995 |
| Hearing Date |
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| Decision |
The Supreme Court of Pakistan considered the legality of an order passed under the repealed Settlement Laws regarding the allotment of property in favor of the petitioner. The court found that the allotment had been scrutinized and confirmed by competent authorities and had attained finality, thus the Deputy Administrator Residuary Property could not reopen or set aside the order. The decision emphasized that the prior allotment was valid and the subsequent claims by the tenant were not legally sustained, leading to the dismissal of the petitioner's writ against the orders that were deemed illegal. The court granted leave to appeal to evaluate whether the actions taken by the Deputy Administrator were within his limited authority and if the previous decisions could be challenged after attaining finality. |
| Summary |
This case revolves around the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975 and the constitutional provisions under the Constitution of Pakistan, 1973. It addresses the complexities of property allotment and tenancy rights. The petitioner challenged the actions of the Deputy Administrator regarding the allotment of agricultural land that had been confirmed by various authorities over the years. The court's ruling emphasizes the importance of finality in administrative decisions, particularly in property disputes, and the limitations of authority held by lower administrative bodies. The case highlights the legal intricacies involved in property rights and the procedural safeguards in place to protect the interests of original allotters against subsequent claims. This summary serves as a significant reference for understanding property law and administrative authority in Pakistan, making it crucial for legal practitioners and scholars in the field. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
FAZAL KARIM, JJ,
USSAMA TARIQ
|
| Lawyers |
Muhammad Hussain Awan, Advocate Supreme Court,
Muhammad Aslam Chaudhry, Advocate on Record for petitioner,
Shahid Hussain, Advocate Supreme Court,
Ejaz Ahmad Khan, Advocate on Record for Respondent No.3
|
| Petitioners |
|
| Respondents |
,
THE ADMINISTRATOR (RESIDUAL PROPERTIES)/ADDITIONAL COMMISSIONER (REVENUE) LAHORE DIVISION, LAHORE
|
| Citations |
1995 SLD 381,
1995 SCMR 1519
|
| Other Citations |
Not available
|
| Laws Involved |
Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975,
Constitution of Pakistan, 1973
|
| Sections |
2(2),
185(3)
|