| Case ID |
4306a4e0-a4bd-4e38-8cbb-16f122c1daec |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 138/11 of 1986 |
| Decision Date |
Dec 18, 1986 |
| Hearing Date |
|
| Decision |
The Supreme Court examined the dispute involving 237 acres of land in Domewali, Taluka Kashmore, District Jacobabad. The petitioners, Mangla Dam displaced persons, were allotted the land after its surrender by Mir Ali Bilawal Dombki under M.L.R. 64. The court held that the land reverted back to the Government upon surrender, and thus could not be treated as resumed land. The court emphasized that the land had remained unclaimed from 1959 to 1981, and therefore, the petitioners had a lawful claim to it. The court granted leave to appeal to further examine the contentions regarding the land's status and directed that the interim order would continue until the appeal's resolution. |
| Summary |
In the landmark case before the Supreme Court of Pakistan, the court addressed critical issues surrounding land rights and the implications of land reform regulations. The case involved petitioners who were displaced by the Mangla Dam and had been allocated state land that was previously leased and subsequently surrendered. The legal arguments hinged on the interpretation of land reform laws, particularly the West Pakistan Land Reforms Regulation of 1959 and the Land Reforms Regulation of 1972. The court's decision underscored the importance of rightful land allocation to displaced persons and the necessity for clarity in land ownership claims, especially in the context of historical legal frameworks. This case sets a precedent for future land disputes and highlights the role of the judiciary in upholding constitutional rights related to property and land ownership. Keywords: land rights, land reform, property law, Supreme Court of Pakistan, constitutional law, Mangla Dam displaced persons. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
S.A. NUSRAT,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
S.M. Zafar, Senior Advocate Supreme Court,
Rashid Akhtar Qureshi, Advocate-on-Record,
Abdul Hafeez Memon, Advocate Supreme Court,
A. Aziz Dastagir, Advocate-on-Record
|
| Petitioners |
others,
KHUSHI MUHAMMAD
|
| Respondents |
others,
THE CHIEF LAND COMMISSIONER, SIND
|
| Citations |
1987 SLD 628,
1987 SCMR 1630
|
| Other Citations |
Talib Din and others v. Chief Land Commissioner P L D 1984 S C 453
|
| Laws Involved |
Constitution of Pakistan (1973),
West Pakistan Land Reforms Regulation, 1959 (M.L.R.64),
Land Reforms Regulation, 1972 (M.L.R. 115)
|
| Sections |
Art. 185(3),
paras. 16 & 19,
Para. 18
|