| Case ID |
7396301e-da65-4626-8973-9f60de915c22 |
| Body |
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| Case Number |
Civil Petition No. 156 of 1983 |
| Decision Date |
Mar 16, 1983 |
| Hearing Date |
|
| Decision |
In this landmark case, the Supreme Court of Pakistan addressed the critical issue of whether the Rehabilitation and Settlement authorities' order aligns with the provisions stipulated in para. 11 of the Rehabilitation and Settlement Scheme under Article 185 (3) of the Constitution of Pakistan (1973). The petitioner challenged the High Court's dismissal of his writ petition, arguing that the conditions precedent for invoking para. 11 were met due to the significant number of claimants exceeding the initially recorded figures in Chak No. 44 N.B. The Court meticulously examined the facts, noting that on June 23, 1960, only six sitting allottees and fifteen transferred claims existed, which could be accommodated without setting a separate maximum for each claimant. However, the petitioner’s subsequent application indicating forty-one applicants and the transfer of sixty-one claims raised legitimate concerns requiring further judicial scrutiny. The Supreme Court granted leave to appeal, emphasizing the necessity for a thorough review of the allocation criteria to ensure fairness and compliance with the Rehabilitation and Settlement Scheme. Security was set at Rs. 2,500, and the case was scheduled for an expedited hearing, with an interim order maintaining the status quo. This decision underscores the judiciary's role in upholding constitutional provisions and ensuring equitable distribution of resources in rehabilitation settlements. |
| Summary |
The Supreme Court of Pakistan, in Civil Petition No. 156 of 1983, deliberated on the compliance of the Rehabilitation and Settlement authorities' order with para. 11 of the Rehabilitation and Settlement Scheme under Article 185 (3) of the Constitution of Pakistan (1973). The case, cited as 1983 SLD 247 and 1983 SCMR 1059, involved petitioner Syed Masood Hussain Zahidi challenging the Lahore High Court's dismissal of his writ petition. The petitioner contested the sufficiency of land allotment in Chak No. 44 N.B., citing an increase in applicants and transferred claims beyond initial records. Judges Aslam Riaz Hussain and Nasim Hasan Shah presided over the case, with legal representation from prominent advocates including Zaki ud Din Pal and S. M. Zaffar. The Supreme Court granted leave to appeal, ordered the setting aside of previous orders, and mandated an expedited hearing to reassess the land allocation criteria. This case highlights key issues in land rehabilitation policies, equitable resource distribution, and the judiciary's oversight in ensuring adherence to constitutional mandates. The decision reinforces the importance of accurate claimant records and transparent allocation methods in rehabilitation settlements, impacting future cases involving land disputes and rehabilitation schemes in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
NASIM HASAN SHAH
|
| Lawyers |
Zaki ud Din Pal,
Mehdi Khan Mehtab,
S. M. Zaffar,
Tanvir Ahmad
|
| Petitioners |
Syed MASOOD HUSSAIN ZAHIDI
|
| Respondents |
AZIZ AHMAD
|
| Citations |
1983 SLD 247,
1983 SCMR 1059
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 185 (3)
|