| Case ID |
393b8a3b-de62-48db-8242-80daefdd41bb |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Special Leave to Appeal No. 903 |
| Decision Date |
Feb 11, 1981 |
| Hearing Date |
|
| Decision |
The petitioners sought the transfer of a small area of land, identified as Khasra No. 701, claiming it to be agricultural land. After unsuccessful attempts at the departmental levels, they filed a constitutional petition (W.P. 736-R of 1975), which was dismissed by the Lahore High Court on 23rd July 1975. The Supreme Court ruled that the Settlement and Rehabilitation Authorities had the jurisdiction to declare land as a building site rather than agricultural. The Supreme Court found that the High Court's decision not to interfere with the authorities' declaration was correct. Consequently, the petition was dismissed as it lacked merit, confirming the authority of the Settlement and Rehabilitation Authorities in managing land classification. |
| Summary |
In this landmark case decided by the Supreme Court of Pakistan, the jurisdiction of Settlement and Rehabilitation Authorities under Article 199 of the Constitution was examined. The case revolved around the classification of land, specifically Khasra No. 701, which the petitioners claimed was agricultural. Despite their assertions, the authorities designated the land as a building site. The Supreme Court upheld the decision of the Lahore High Court, emphasizing that the authorities acted within their lawful jurisdiction. The ruling reinforced the principle that administrative decisions regarding land classification are not subject to challenge unless proven to be ultra vires. This case is significant in understanding the boundaries of writ jurisdiction and administrative authority in land management, making it a crucial reference for similar disputes in Pakistan's legal landscape. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
KARAM ELAHEE CHAUHAN,
MUSHTAQ HUSSAIN
|
| Lawyers |
Tanvir Ahmed
|
| Petitioners |
anothers,
SAEED AHMAD KHAN
|
| Respondents |
SETTLEMENT COMMISSIONER,
others
|
| Citations |
1981 SLD 443,
1981 SCMR 801
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
199
|