| Case ID |
e0a19d02-4229-4776-9649-52287ee986fd |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 29 of 1983 |
| Decision Date |
Oct 08, 1984 |
| Hearing Date |
Oct 08, 1984 |
| Decision |
The appeal was allowed in part as the learned Deputy Settlement Commissioner did not fully follow the directions given by the learned Additional Settlement Commissioner. The Supreme Court found that the area in dispute should have been given to the appellant as per the directions of the remand order. The decision emphasized the importance of adhering to remand orders to ensure justice. The court directed that the excess area, which was wrongly adjudicated, should be allocated to the appellant, thereby rectifying the earlier decision. The ruling highlighted the relevance of proper procedural adherence in administrative decisions regarding land settlement. |
| Summary |
This case revolves around land settlement issues under the Displaced Persons (Land Settlement) Act of 1958, specifically concerning the transfer of a recalled excess area. The Supreme Court of Pakistan examined whether the appellant, Allah Rakha, had the rightful claim to a disputed area of land based on his possession and construction. The court found that the Deputy Settlement Commissioner failed to comply with previous directives, leading to an unjust denial of the appellant's entitlement. The ruling underscores the need for administrative bodies to follow judicial remand orders closely to uphold fairness in land distribution. This case is significant for individuals involved in land settlement disputes and highlights the legal recourse available under the Constitution of Pakistan. It serves as a precedent for future cases involving land rights and administrative law, emphasizing the importance of adhering to legal guidelines in property disputes. The decision is particularly relevant for advocates specializing in land law and administrative justice. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
ASLAM RIAZ HUSSAIN,
M.S.H. QURESHI,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
A.R. Shaukat, Senior Advocate Supreme Court,
Tanvir Ahmad, Advocate-on-Record,
Shahzad Jahangir, Advocate Supreme Court,
Abdur Razzaq, Advocate-on-Record,
Ch. Hafiz Ahmad, Advocate Supreme Court
|
| Petitioners |
ALLAH RAKHA
|
| Respondents |
,
DEPUTY SETTLEMENT COMMISSIONER, SIALKOT
|
| Citations |
1986 SLD 473,
1986 SCMR 456
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Displaced Persons (Land Settlement) Act (XLVII of 1958)
|
| Sections |
185(3),
10,
11
|