| Case ID |
2e023db7-0887-46e8-9052-10bd6573c5ff |
| Body |
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| Case Number |
Civil Appeal No. 177 of 1979 |
| Decision Date |
Apr 21, 1984 |
| Hearing Date |
Apr 21, 1983 |
| Decision |
The Supreme Court allowed the appeal of the Federal Land Commission, overturning the Peshawar High Court's decision that had set aside the Federal Land Commission's order. The court determined that the Provincial Land Commission did not have the jurisdiction to re-determine the produce index unit values for the land in question. The court emphasized that the decision of the Federal Land Commission was unexceptionable and that the jurisdictional objections raised by the respondents were waived during previous proceedings. The court also addressed concerns regarding compensation under the Land Reforms Regulation, confirming that declarants would not be deprived of their rights under M. L. R. 64. Consequently, the judgment of the High Court was set aside without any order as to costs. |
| Summary |
In the landmark case of Civil Appeal No. 177 of 1979 decided by the Supreme Court of Pakistan, the court addressed critical issues surrounding land reforms and the jurisdiction of the Federal Land Commission. The case arose from a dispute over the produce index unit values assigned to land in Kaghan Valley, which were contested by landowners. The Supreme Court found that the Federal Land Commission had correctly exercised its revisional powers, as the Provincial Land Commission lacked the authority to alter the produce index values that had been determined under the law. This decision reinforced the principles of jurisdiction in land reform cases, clarifying the roles and responsibilities of the Federal and Provincial Land Commissions. The ruling also ensured that landowners' rights to compensation under previous regulations were upheld, maintaining a balance between regulatory authority and landowners' entitlements. The case is a significant reference point for future land reform litigation in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Peshawar High Court,
Federal Land Commission
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
SHAFIUR RAHMAN,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
M. Hanif Bhatti, Advocate Supreme Court,
Ch. Akhtar Ali Advocate-on-Record,
Ch. Irshad Ahmad, Legal Adviser, F. L. C.,
M. H. Lughmani, Advocate Supreme Court,
Imtiaz Muhammad Khan, Advocate-on-Record
|
| Petitioners |
FEDERAL LAND COMMISSION
|
| Respondents |
SAID REHMAT SHAH,
22 others
|
| Citations |
1984 SLD 601,
1984 SCMR 669
|
| Other Citations |
Federal Land Commission etc. v. Mst. Zarin Qaisha etc. Civil Appeal No. 267 of 1976
|
| Laws Involved |
Constitution of Pakistan (1973),
Land Reforms Regulation, 1972 [M. L. R. 115]
|
| Sections |
Art. 185(3),
Paras. 4 & 2(10),
Paras. 29
|