| Case ID |
67ac0b91-ab2e-4f1a-a016-5d172d42cf66 |
| Body |
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| 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
|