| Case ID |
f879a830-7356-409f-bd89-53e9e0875868 |
| Body |
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| Case Number |
Civil Petition No.512 of 1988 |
| Decision Date |
Apr 24, 1990 |
| Hearing Date |
Apr 04, 1990 |
| Decision |
The Supreme Court dismissed the petitioners' claim for entitlement to the land based on an agreement to sell executed by the allottees. The court found that the allotment made in favor of the vendors was not legal and proper, thus the petitioners had no case even on the merits. The petitioners' constitutional petition against the sale of land in favor of the respondent was dismissed on the grounds that they lacked locus standi to maintain the petition as no right in the land vested based solely on the agreement to sell. The decision of the Lahore High Court was upheld. |
| Summary |
In the case of Civil Petition No.512 of 1988, the Supreme Court of Pakistan addressed the issue of land entitlement under the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The petitioners claimed rights to agricultural land based on agreements to sell executed by the allottees. However, the government had sold the land to the University of the Punjab, leading to the petitioners' constitutional challenge. The Court emphasized that a prospective vendee has locus standi to file a petition, yet found that the underlying allotments were obtained illegally. The decision reinforces the importance of lawful allotment processes and the limitations of agreements to sell without vested rights. Key legal principles involved include locus standi, the validity of agreements, and the proper execution of land sales under relevant laws. This case serves as a significant reference for future disputes regarding land rights and the authority of allotments under Pakistani law, ensuring that all transactions adhere to legal standards. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Punjab,
University of the Punjab
|
| Judges |
NASIM HASAN SHAH,
S. USMAN ALI SHAH,
NAIMUDDIN
|
| Lawyers |
Mr. SA. Mannan
|
| Petitioners |
others,
Sh. FAZALUR-REHMAN
|
| Respondents |
others,
CHIEF SETTLEMENT and REHABILITATION COMMISSIONER, PUNJAB
|
| Citations |
1991 SLD 950,
1991 SCMR 423
|
| Other Citations |
Joydeb Agarwala v. Baitulmal Karkhana Limited P L D 1965 SC 37,
Mian Fazal Din v. Lahore Improvement Trust, Lahore and another P L D 1969 SC 223,
Ali Muhammad v. Shera and another 1987 S C M R 207
|
| Laws Involved |
Displaced Persons (Compensation and Rehabilitation) Act,
Constitution of Pakistan
|
| Sections |
10,
185(3),
199
|