| Case ID |
ec66c287-3c51-4254-850c-a727008ad1ee |
| Body |
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| Case Number |
N/A |
| Decision Date |
Mar 19, 1975 |
| Hearing Date |
Mar 19, 1975 |
| Decision |
The appeal by the Majlis-i-Intizamia, Jamia Masjid, Ghulam Muhammad Abad Colony, was accepted by the Supreme Court of Pakistan. The court found that the cancellation of the lease by the Secretary, Communication Department, was without lawful authority. The court ruled that once a lease deed was executed, the rights and obligations established therein could not be unilaterally altered by a subordinate authority. The Secretary's order was deemed nugatory as it acted beyond the scope of the legal framework established by the Government Grants Act, 1895. The decision emphasized the importance of adhering to the terms of the lease and the necessity of lawful authority in administrative actions, thus reinstating the appellant's rights to the lease and nullifying the cancellation order. |
| Summary |
This case revolves around the legal interpretation of lease agreements and administrative authority in Pakistan. The Supreme Court addressed the cancellation of a lease executed in favor of the Majlis-i-Intizamia for the construction of a mosque. The court ruled that once a lease is formally executed, it establishes a binding agreement that cannot be revoked by lower administrative authorities without legal grounds. The case highlights the principles of administrative law, particularly the need for lawful authority in governmental actions and the protection of property rights against arbitrary decisions. This ruling reinforces the significance of due process in the management of public lands and the necessity for governmental bodies to operate within the framework of established laws and regulations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of West Pakistan,
Communication and Works Department,
Majlis-i-Intizamia,
Jamia Masjid,
Ghulam Muhammad Abad Colony
|
| Judges |
HAMOODUR REHMAN, C.J.,
SALAHUDDIN AHMED,
MUHAMMAD GUL, J.J
|
| Lawyers |
Sh. Muhammad Shafi, Senior Advocate Supreme Court,
Sh. Masud, Akhtar, Advocate-on-Record,
Riaz Ahmad, Assistant advocate-General (Punjab),
Ijaz Ali, Advocate-on-Record,
Ijaz Ahmad Khan, Advocate-on-Record
|
| Petitioners |
MAJLISIINTIZAMIA, JAMIA MASJID, GHULAM MUHAMMAD ABAD COLONY, LYALLPUR
|
| Respondents |
SECRETARY TO GOVERNMENT OF WEST PAKISTAN, COMMUNICATION AND WORKS DEPARTMENT, LAHORE
|
| Citations |
1975 SLD 376,
1975 PLD 355
|
| Other Citations |
Estate Officer, Government of Pakistan v. Syed Tahir Hussain P L D 1962 S C 75,
Anjuman-i-Ahmadia, Sargodha v. Deputy Commissioner P L D 1966 S C 639
|
| Laws Involved |
Constitution of Pakistan (1962),
Government Grants Act (XV of 1895)
|
| Sections |
Art. 98,
S. 3
|