| Case ID |
43c9cfad-f9e2-470c-8f83-af41c83e14ff |
| Body |
View case body. Login to View |
| Case Number |
W.P. No. 10 of 1981 |
| Decision Date |
Jan 15, 2004 |
| Hearing Date |
Jan 15, 2004 |
| Decision |
The Lahore High Court found that the Chief Land Commissioner's order declaring the gift transactions void was illegal and violative of the principle of natural justice. The court emphasized that the petitioners, being directly affected parties, had a vested right to be heard before any decision was made regarding the resumption of their gifted land. The court set aside the judgments of the Chief Land Commissioner dated June 25, 1975, and the Federal Land Commission dated May 28, 1979, concerning the two gift transactions in dispute, while upholding the validity of a third transaction. The case was remanded for fresh consideration. |
| Summary |
In the case of W.P. No. 10 of 1981, the Lahore High Court addressed a significant legal issue surrounding the validity of gift transactions under the Punjab Land Reforms Rules, 1972, and the Land Reforms Act, 1977. The petitioners, Mst. Rohila Mehndi and others, challenged the decisions of the Chief Land Commissioner and the Federal Land Commission, which declared their land gifts void. The court highlighted the importance of the audi alteram partem principle, ensuring that all affected parties have the right to be heard in legal proceedings. The decision underscores the necessity of adhering to natural justice principles in administrative actions. This case is pivotal for understanding the application of land reform laws in Pakistan, particularly concerning the rights of minors and the validity of familial gift transactions. The court's ruling not only reinstates the rights of the petitioners but also reinforces the legal framework governing land gifts and resumption processes. Keywords such as 'land reforms', 'natural justice', and 'gift transactions' are crucial for SEO optimization, making this case relevant for ongoing discussions in property law and administrative justice. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
M. Javed Buttar,
Muhammad Muzammal Khan
|
| Lawyers |
Raja Shafqat Khan Abbasi
|
| Petitioners |
Mst. Rohila Mehndi and others Minors through Mst. Dure-Shahsawar Begum
|
| Respondents |
2 others,
Federal Land Commission
|
| Citations |
2004 SLD 3443,
2004 PLJ 946
|
| Other Citations |
PLD 1990 SC 626,
1992 CLC 2362,
PLD 1990 SC 99
|
| Laws Involved |
Punjab Land Reforms Rules, 1972,
Land Reforms Act, 1977
|
| Sections |
13,
25
|