| Case ID |
3ac36684-6a65-424f-a967-a7bdf629774a |
| Body |
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| Case Number |
Civil Petition No. 1098-L of 1998 |
| Decision Date |
Mar 07, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition of Lt. Col. (Retd.) Ghulam Rasool Virk, affirming the refusal of lease renewal due to poor performance and violations of lease terms. The Court highlighted that the government reserved the right to renew leases without prior notice and that renewal could not be claimed as a matter of right. The petitioner was found to have failed to maintain the required breeding stock, leading to the resumption of land by the government. Consequently, the decisions of the lower courts were upheld, and the petition was dismissed, denying leave to appeal. |
| Summary |
In the case of Lt. Col. (Retd.) Ghulam Rasool Virk vs. Province of Punjab, the Supreme Court of Pakistan addressed significant issues regarding land lease renewals under the Colonization of Government Lands (Punjab) Act of 1912. The petitioner sought to appeal against the decision of the Lahore High Court, which had upheld the government’s decision to refuse the renewal of his land lease due to his failure to meet the stipulated conditions, which included maintaining a breeding stock. The Court emphasized that the government has absolute discretion over lease renewals, and the petitioner’s poor performance and violations of lease conditions justified the resumption of the land. The ruling reinforced the principle that renewal of government leases is not an automatic right and can be denied based on performance. This case highlights the importance of adhering to lease terms and the rights of government entities in managing public lands. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Punjab,
Lahore High Court,
Commissioner/Arbitrator
|
| Judges |
Qazi Muhammad Farooq,
Abdul Hameed Dogar
|
| Lawyers |
Sahibzada Anwar Hamid,
Syed Abul Aasim Jaferi,
Malik Akhtar Hussain Awan,
Sher Zaman Khan
|
| Petitioners |
Lt. Col. (Retd.) Ghulam Rasool Virk
|
| Respondents |
Province of Punjab through Deputy Commissioner, Sargodha,
Malik Akhtar Hussain Awan,
Sher Zaman Khan,
Mehmoodul Islam
|
| Citations |
2002 SLD 2518,
2002 PLD 716
|
| Other Citations |
1985 SCMR 9,
1998 SCMR 1188
|
| Laws Involved |
Colonization of Government Lands (Punjab) Act (V of 1912)
|
| Sections |
10,
24
|