Law: Constitution of Pakistan, 1973

Section: 199,185(3)

Law: Land Reforms Regulation, 1972

Section: 18

(a) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Judicial review---Sub-Constitutional legislation---Determination of matter by Authorities under a sub-Constitutional legislation is not immune from the scrutiny of High Court in the exercise of Constitutional jurisdiction. (b) Land Reforms Regulation, 1972 (M.L.R. 115)--- ----Para. 18---Constitution of Pakistan (1973), Art. 185(3)---Resumption of land---Right/claim over the surrendered land---Safeguarding right created as a result of valid sale ---Declarant exercised 'the choice of surrender of excess land which had already been transferred to the respondents- -Constitutional petition was filed before the High Court by the respondents on the ground that in view of other available excess land for resumption, the one which had already been alienated to them by way of sale could not be surrendered---High Court directed the declarant to surrender the land other than the one already alienated to the respondents---Validity---Rights of respondents as a result of prior alienation of the property in dispute had already been created which could not be disturbed at the will of the declarant by exercise of choice to surrender the alienated land---Respondents being vendees were within their right to invoke the Constitutional jurisdiction of High Court for a direction for the surrender of the land other than the alienated one to preserve their vested. rights in .the land in dispute---Petitioners being landless tenants could be considered for the grant of land in accordance with law and subject to their eligibility out of the other available excess land surrendered for resumption and disposal---Petitioners could not claim any priority of allotment qua the vested right of the respondents, as the same was necessary for preserving and safeguarding the rights created as a result of transaction of alienation of sale of land which had been found to-be valid as between the private parties---Transaction of gift which was part of disputed land made by the declarant to his mother was held by the Land Reform Authorities to be valid which she further sold to the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492