Legal Case Summary

Case Details
Case ID 67ac0b91-ab2e-4f1a-a016-5d172d42cf66
Body View case body.
Case Number Writ Petition No. 5803 of 1994
Decision Date Dec 19, 1996
Hearing Date Dec 19, 1996
Decision The Lahore High Court ruled in favor of the petitioner, Ghulam Nabi, restoring the order dated 22-8-1984 passed by the E.A.C.O./Collector, Layyah, which had transferred the land in question to the petitioner. The court found that the Forest Department's appeal against the adjustment of land ownership was time-barred and lacked legal standing, as the department failed to provide adequate evidence of ownership or possession over the disputed land. The court emphasized that the petitioner had validly purchased the land as per the procedures outlined in the West Pakistan Land Revenue Act and the Civil Procedure Code. The Forest Department's attempts to claim ownership were deemed illegal and void, and the court directed that the record be rectified to reflect the rightful ownership of the petitioner.
Summary This case revolves around the legal dispute concerning land ownership between Ghulam Nabi and the Forest Department of Punjab. Ghulam Nabi purchased land from Mst. Abida Begum, which was adjusted in her favor as a 'right of return' under the West Pakistan Land Revenue Act. The Forest Department contested this adjustment, arguing that the land was under its executive control and could not be transferred. However, the Lahore High Court found that the Forest Department's claims were unfounded, as the records indicated the land belonged to the Thal Development Authority and was not owned or possessed by the Forest Department. The court's decision underscores the importance of proper legal procedures in land transactions and the necessity for government departments to adhere to the law when contesting land ownership.
Court Lahore High Court
Entities Involved Thal Development Authority
Judges RAJA MUHAMMAD KHURSHID, J
Lawyers Malik Sharif Ahmad, Tahid Haider Wasti, A.A.G.
Petitioners Ghulam Nabi
Respondents Secretary to the Government of Punjab Forest Department Punjab, Lahore, Divisional Forest Officer, Forest Department Punjab, Lahore
Citations 1997 SLD 431, 1997 PLD 193
Other Citations Not available
Laws Involved West Pakistan Land Revenue Act (XVII of 1967), Civil Procedure Code (V of 1908), Constitution of Pakistan (1973)
Sections 42, 79, O. XXVII, Rr. 1, 2 & 3, 199, 174