| Case ID |
d629eda3-2c8e-49cc-b766-0c6d227dd606 |
| Body |
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| Case Number |
Civil Petition No. 399 L of 1992 |
| Decision Date |
Mar 30, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal based on the complexities and variances of legal points concerning the constitution of the Border Area Committee and the legality of its actions regarding land allotments. The court noted that the committee's composition might not have adhered to statutory requirements due to the repeal of relevant laws. The court also indicated that the scrutiny of land allotments should be limited to those made under specific regulations and that the committee lacked jurisdiction to review its own decisions. This ruling illustrates the court's commitment to ensuring that legal procedures are followed and that property rights are upheld. |
| Summary |
This case revolves around the legal intricacies of land allotments under the West Pakistan Border Area Regulation. The petitioners, led by Haji Muhammad Siddique, contested the cancellation of their land allotment by the Border Area Committee. The Supreme Court's decision highlighted the importance of lawful representation and procedural correctness in administrative actions. The ruling emphasized that the committee's functions must align with the provisions of the law, particularly regarding the constitutionality of its members' participation in hearings. Given the historical context of land disputes in border areas, this case serves as a critical reference for future claims and administrative decisions in similar legal frameworks. Keywords such as 'land allotment', 'Border Area Committee', and 'Supreme Court rulings' are pertinent for legal practitioners and scholars analyzing property rights and administrative law in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
NASIM HASAN SHAH,
WALI MUHAMMAD KHAN
|
| Lawyers |
Ch. Azim-ud-Din,
Ch. Mehdi Khan Mehtab
|
| Petitioners |
9 others,
Haji Muhammad Siddique alias Shadi Khan
|
| Respondents |
BORDER AREA COMMITTEE
|
| Citations |
1995 SLD 683,
1995 SCMR 764
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Border Area Regulation, 1959,
Constitution of Pakistan, 1973
|
| Sections |
Para. 9,
Art. 185(3)
|