| Case ID |
f7c851bb-dd8e-4a1b-b018-fb8ab3b5d3b7 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No. 1289-L of 1 |
| Decision Date |
Mar 17, 1996 |
| Hearing Date |
Mar 17, 1996 |
| Decision |
The Supreme Court accepted the appeal, declaring previous orders as without lawful authority. The Settlement Commissioner was instructed to issue a fresh decision after providing hearing opportunities to all parties involved. The Court emphasized the necessity of hearing all proper parties to ensure that no one is condemned unheard. The case was remanded to review the claims of the petitioners as legal heirs of the original informer who raised concerns about the fraudulent nature of land allotments. The decision highlighted the importance of legal rights of heirs in land disputes, especially in the context of the Displaced Persons (Land Settlement) Act. |
| Summary |
In the landmark case between Mst. Bilqees Bibi and Others vs. Additional Commissioner (Revenue), the Supreme Court of Pakistan addressed significant legal issues surrounding land allotment and the rights of legal heirs under the Displaced Persons (Land Settlement) Act. The case arose from allegations of fraud in land allotments, where the original informer claimed that the allotment was illegitimate. The Supreme Court, in its decision, emphasized the necessity of ensuring that all parties, particularly the heirs of the original informers, had the opportunity to present their cases, thereby reinforcing the principles of natural justice and fair hearing in administrative decisions. The ruling not only clarified the procedural aspects of land settlement disputes but also underscored the protection of legal rights for those affected by historical injustices in land distribution. This case serves as a critical reference for future land settlement cases, highlighting the importance of due process and the need for transparency in administrative actions regarding land rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Settlement Commissioner,
Gujranwala
|
| Judges |
SAAD SAOOD,
JAN,
MUHAMMAD MUNIR KHAN,
RAJA AFRASIAB KHAN
|
| Lawyers |
A.R. Shaukat, Advocate Supreme Court,
Tanvir Ahmad, Advocate-on-Record for Petitioners,
M. Iqbal Chaudhary, Advocate Supreme Court,
Sh. Salahuddin, Advocate-on-Record for Respondents
|
| Petitioners |
11 others,
Mst. BILQEES BIBI
|
| Respondents |
10 others,
ADDITIONAL COMMISSIONER (REVENUE)/NOTIFIED OFFICER, GUJRANWALA
|
| Citations |
1998 SLD 1319,
1998 SCMR 502
|
| Other Citations |
Not available
|
| Laws Involved |
Displaced Persons (Land Settlement) Act (XLVH of 1958),
Constitution of Pakistan (1973)
|
| Sections |
10,
11,
185(3)
|