| Case ID |
df7459af-3ed2-45b2-943c-fad7b5e9e1b5 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.1323 of 1980 |
| Decision Date |
Aug 21, 1979 |
| Hearing Date |
Aug 21, 1984 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal in a case concerning the allotment of land measuring 256 Kanals 3 Marlas in village Khola, Tehsil and District Mianwali. The petitioner, Bulanda, contested the validity of the allotment made by the Deputy Settlement Commissioner on the grounds that no objection had been raised at the time of the allotment. The appellate authority had previously ordered a proportionate distribution of the land between both parties, who were on equal footing as sitting allottees. The revisional order that upset this distribution was challenged on the basis that the original proceedings lacked proper notice to the petitioner. The court's decision emphasized the necessity for due process in land allotment matters, particularly when both parties had pending claims and were treated as equals. The case highlights the importance of fair procedures in administrative decisions regarding land distribution. |
| Summary |
This case revolves around the allotment of land in Pakistan, highlighting procedural fairness in administrative decisions. The Supreme Court addressed the issues surrounding the allotment process under the Constitution of Pakistan and the Displaced Persons (Land Settlement) Act. The ruling emphasized that both parties were equally entitled to the land, and the lack of objection during the initial allotment does not negate the need for proper notice and fair treatment. This case serves as a crucial reference point for similar land disputes and administrative procedures. Keywords: land allotment, administrative law, Pakistan, Supreme Court, constitutional rights, displaced persons, procedural fairness, land distribution. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
M.S. QURAISHI
|
| Lawyers |
Not available
|
| Petitioners |
BULANDA
|
| Respondents |
5 others,
MUNSHI
|
| Citations |
1985 SLD 603,
1985 SCMR 872
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Displaced Persons (Land Settlement) Act (XLVII of 1958)
|
| Sections |
185,
10
|