| Case ID |
d3966bf6-3fcd-47bc-8afd-b8408c7dbf16 |
| Body |
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| Case Number |
Civil Appeal No. 70 of 1974 |
| Decision Date |
Jun 18, 1984 |
| Hearing Date |
Jun 18, 1984 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal brought forth by the appellants, A. S. Tasneem and another, against the decision of the Lahore High Court. The case revolved around the denial of proprietary rights regarding land granted under the Tube-well Sinking Scheme of 1959. The Court upheld the Board of Revenue's decision that the allotment made in favor of a minor son of a government servant was void according to the conditions set forth in the 1959 Scheme. The Court noted that the appellants had continued to enjoy leases for over 20 years despite the initial denial of rights, indicating that there was no substantial grievance. Furthermore, the Court did not find merit in the additional arguments presented by the appellants regarding their age and disqualifications, concluding that the appeal did not warrant any further consideration. |
| Summary |
This case involves an appeal to the Supreme Court of Pakistan concerning the proprietary rights of land granted under the Tube-well Sinking Scheme of 1959. The appellants challenged the decision of the Lahore High Court which had dismissed their Constitutional petition against the Board of Revenue's refusal to grant proprietary rights based on the argument that the land was allocated before the 1959 Scheme was established. The Court ultimately ruled that the conditions of the 1959 Scheme were applicable, particularly regarding the disqualification of minors as beneficiaries. The decision highlighted the importance of adhering to the legal framework governing land grants, particularly in the context of government lands. The Court's ruling emphasized the need for compliance with existing regulations and conditions, which ultimately led to the dismissal of the appeal. This case serves as a significant reference point for issues related to land grants and government regulations in Pakistan, reinforcing the legal principles surrounding the allocation of state lands. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Punjab Board of Revenue,
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
NASIM HASAN SHAH,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
M. Ashraf Wahlah, Advocate Supreme Court,
Raja Abdul Razzaque, Advocate-on-Record
|
| Petitioners |
,
A. S. TASNEEM
|
| Respondents |
,
MEMBER, BOARD OF REVENUE (COLONIES)
|
| Citations |
1984 SLD 744,
1984 SCMR 1030
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Colonization of Government Lands (Punjab) Act (V of 1912)
|
| Sections |
185(3),
199,
10
|