| Case ID |
3099e0a9-d412-4827-aa9b-15abae224734 |
| Body |
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| Case Number |
Civil Appeals Nos. 2233 and 2234 of 1998 |
| Decision Date |
Sep 10, 2001 |
| Hearing Date |
Jun 07, 2001 |
| Decision |
The Supreme Court of Pakistan allowed the appeal of the allottee, Muhammad Yaqoob, regarding the allotment of evacuee land in Chak No.220/RB, Faisalabad. The Court ruled that the allottee had fulfilled all the conditions mentioned in the Notification No.186-88/1316-CIV dated 12th June, 1988, hence he was entitled to the benefit of the Notification. The case was decided in favor of the allottee, and the Authorities were directed to pass a formal order of adjustment of alternate land in the name of the allottee in accordance with law. However, the appeal regarding land in Chak No.223/RB was dismissed as it was not established that this land was ever proposed for allotment to the respondent under any of the settlement schemes prior to the repeal of the laws. The judgment dated 3-5-1995 was set aside and the parties were left to bear their own costs. |
| Summary |
This case revolves around the allotment of evacuee land in Pakistan, specifically addressing the rights of allottee Muhammad Yaqoob against the Government of Punjab regarding properties in Chak No.220/RB and Chak No.223/RB. The Supreme Court's decision highlighted the importance of fulfilling legal criteria for property allotment under the Pakistan (Administration of Evacuee Property) Act, 1957, and subsequent repeal acts. The ruling emphasized that mere possession does not guarantee entitlement without proper legal backing and adherence to established notifications. This landmark decision reiterates the principles of property law and the rights of individuals against state actions, making it a critical reference for future cases involving land allotment and property rights in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SH. RIAZ AHMAD,
MUNIR A. SHEIKH,
ARID RANA BHAGWANDAS
|
| Lawyers |
Ch. Mushtaq Masood, Advocate Supreme Court,
Rao Muhammad Yusuf Khan, Advocate-on-Record,
Sharif-ud-Din Pirzada, Senior Advocate Supreme Court,
Malik Azam Rasool, Advocate Supreme Court,
Mehr Khan Malik, Advocate-on-Record
|
| Petitioners |
GOVERNMENT OF PUNJAB, COLONIES DEPARTMENT, Lahore and others
|
| Respondents |
MUHAMMAD YAQOOB
|
| Citations |
2002 SLD 2444,
2002 PLD 5
|
| Other Citations |
PLD 1979 SC 846,
1993 SCMR 1062,
1999 SCMR 1719
|
| Laws Involved |
Pakistan (Administration of Evacuee Property) Act (XII of 1957),
Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1957),
Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)
|
| Sections |
25(2),
2,
2,
3
|