| Case ID |
df81008d-fa28-40d5-9842-80e209835bad |
| Body |
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| Case Number |
Civil Appeal No. 1 of 1995 |
| Decision Date |
Feb 23, 1999 |
| Hearing Date |
Feb 23, 1999 |
| Decision |
The Supreme Court allowed the appeal and set aside the impugned order of the Lahore High Court, which had declared the Federal Land Commission's decision as without lawful authority. The Court found that the Federal Land Commission had properly exercised its suo motu power under the Land Reforms Regulation, 1972, to examine the legality and propriety of subordinate authorities' decisions. The Court noted that the High Court's interference was unfounded as it did not respect the findings of fact recorded by the Federal Land Commission. The Supreme Court emphasized the significance of adherence to procedural regulations and the need for the integrity of land transactions, especially in cases involving agricultural land and the rights of landowners under the law. |
| Summary |
This case revolves around the appeal against the decision of the Lahore High Court which had annulled the Federal Land Commission's order declaring certain land transactions void. The primary issue was whether the Federal Land Commission could exercise suo motu power to review and overturn findings of fact made by subordinate authorities under the Land Reforms Regulation, 1972. The Supreme Court held that such powers were valid and that the Commission had acted within its jurisdiction. The case highlights important aspects of land reform laws in Pakistan and the legal principles surrounding land ownership and transactions. The decision underscores the importance of lawful authority and procedural correctness in administrative decisions affecting land ownership. Keywords: land reforms, Supreme Court of Pakistan, agricultural land, land ownership, suo motu jurisdiction. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Land Commission,
Cabinet Secretariat
|
| Judges |
IRSHAD HASAN KHAN,
RAJA AFRASIAB KHAN,
MUHAMMAD BASHIR
|
| Lawyers |
Hafiz S.A. Rehman,
Ch. Akhtar Ali,
Muhammad Mahmood Bhatti
|
| Petitioners |
Sardar NOOR AHMED KHAN
|
| Respondents |
FEDERAL LAND COMMISSION, CABINET SECRETARIAT
|
| Citations |
1999 SLD 570,
1999 SCMR 2697
|
| Other Citations |
Qazalbash Waqf v. Chief Land Commissioner, Punjab, Lahore PLD 1990 SC 99,
Government of Pakistan v. Qazalbash Waqf, Lahore 1993 SCMR 1697,
Chief Land Commissioner, Punjab v. Chief Administrator of Auqaf, Punjab, PLD 1998 SC 132,
Mst. Tayyaba Khanam v. Chairman, Federal Land Commission 1984 SCMR 1110,
Sain Bux v. Officer on Special Duty, Federal Land Commission, Rawalpindi 1980 CLC 1395,
Federal Land Commission v. Sardar Muhammad Aurangzeb Khan 1997 SCMR 911
|
| Laws Involved |
Land Reforms Regulation, 1972,
Constitution of Pakistan, 1973
|
| Sections |
Para. 29,
Art. 199,
Art. 185,
Art. 187(1)
|