| Case ID |
df32b131-bb7a-4f2b-9816-4042f64ad092 |
| Body |
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| Case Number |
W.P. No. 8533 of 2012 |
| Decision Date |
Oct 21, 2015 |
| Hearing Date |
Oct 21, 2015 |
| Decision |
The court concluded that the petitioners failed to establish legal authority over the state land in question. The right to purchase state land through private treaty was denied as the petitioners were deemed illegal occupants. The court ruled that there was no unfettered power to allot state land, emphasizing the need for lawful possession and approval. The petitioners were granted an opportunity to participate in an auction for the land if it had not been auctioned yet, and advised to seek civil court remedies for alleged dispossession. The petition was ultimately disposed of with these directions. |
| Summary |
In the case of W.P. No. 8533 of 2012, heard by the Lahore High Court, the petitioners, who claimed possession of state land since 1947, sought the transfer of ownership rights. The court examined the constitutional provisions under Article 199 of the Constitution of Pakistan, 1973, regarding the transfer of state land. The decision highlighted the lack of legal authority for the petitioners' claim, emphasizing that mere possession does not confer ownership rights without proper documentation. The court ruled that the petitioners were illegal occupants and denied their request to purchase the land through a private treaty. However, it allowed them to participate in a potential auction for the land and advised them to pursue civil remedies for any dispossession claims. This case underscores the legal complexities surrounding state land ownership and the importance of documented rights in property disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Assistant Advocate General, Punjab,
Qamar Abbas Sultan, Assistant Director (M&S), Colonies Department, Lahore,
Ms. Rafia Haider, A.C. Faisalabad Saddar,
Rana Abid Iqbal, Naib Tehsildar,
Tariq Iqbal, Patwari
|
| Judges |
SHAHID JAMIL KHAN, JUSTICE
|
| Lawyers |
Mr. Musharaf Ali Khan,
Mr. Muhammad Hammad Khan Rai
|
| Petitioners |
MUHAMMAD NAZIR ETC.
|
| Respondents |
GOVERNMENT OF PUNJAB ETC.
|
| Citations |
2016 SLD 2059,
2016 PLJ 344
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|