| Case ID |
d6706a52-ac2b-4f95-a074-be39ced68441 |
| Body |
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| Case Number |
C.R. No. 1703 of 1998 |
| Decision Date |
Dec 12, 2003 |
| Hearing Date |
Dec 12, 2003 |
| Decision |
The Lahore High Court ruled that the cancellation of the allotment was unlawful due to the lack of procedural fairness. The court emphasized that the respondents were entitled to notice and an opportunity to be heard before any cancellation of their allotment could occur. The court noted that the Board of Revenue's actions were ultra vires as they lacked authority to cancel the allotment once the sale-deed was executed and payment was made. The decision reinforced the principle that statutory authorities must adhere to the principles of natural justice, particularly in property matters. |
| Summary |
This case revolves around the cancellation of land allotment under the Colonization of Government Lands (Punjab) Act, 1912. The Lahore High Court addressed significant legal issues concerning the violation of natural justice in administrative decisions. The petitioner, representing the government, attempted to cancel the allotment of land to the respondents without providing due notice or a hearing. The court highlighted that such actions were not only procedurally flawed but also lacked any substantive evidence of fraud or misrepresentation. The ruling emphasized the importance of adhering to legal protocols in land allotment cases, ensuring that lawful transferees are protected from arbitrary administrative actions. This case sets a precedent for similar cases, reinforcing the necessity for transparency and fairness in governmental proceedings related to land rights. The keywords relevant to this case include 'land allotment', 'natural justice', 'administrative law', 'Punjab land laws', and 'legal rights'. These terms are essential for anyone researching land law and administrative justice in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Board of Revenue,
|
| Judges |
Muhammad Muzammal Khan
|
| Lawyers |
Mian Muhammad Athar,
Ch. Imdad Ali Khan
|
| Petitioners |
,
PROVINCE OF PUNJAB through COLLECTOR, DISTRICT TOBA TEK SINGH
|
| Respondents |
,
Haji WALI MUHAMMAD
|
| Citations |
2005 SLD 3927,
2005 PLJ 1175
|
| Other Citations |
1997 MLD 1847,
PLD 1993 Lah. 114,
2000 CLC 953
|
| Laws Involved |
Colonization of Government Lands (Punjab) Act, 1912
|
| Sections |
30(2),
16
|