| Citation(s) |
|---|
| 2013 SLG 1491 2013 SLD 1491 2013 SCMR 96 |
Supreme Court of Pakistan
Civil Petitions Nos.1162-L, 1178-L to 1180-L of 2012 and C.M.As. Nos.1729-L to 1732-L of 2012, decision dated: 12-09-2012. (On appeal from the judgment dated 17-10-2011 passed by the Lahore High Court, Lahore in W.Ps. Nos. 6360, 7769 of 2006, 14667 of 200
EJAZ AFZAL KHAN AND IJAZ AHMED CHAUDHRY, JJ
Muhammad Shahzad Shaukat, Advocate Supreme Court for
Respondent No. 1 (in C.P. No. 1178-L of 2012). Mian Subah Sadiq Klasson, Advocate Supreme Court for
Respondents Nos.1 to 4 (in C.P. No. 1179-L of 2012). Naveed Rasool Mirza, Advocate Supreme Court for R
Civil Petitions Nos.1162-L, 1178-L to 1180-L of 2012 and C.M.As. Nos.1729-L to 1732-L of 2012, decision dated: 12-09-2012. (On appeal from the judgment dated 17-10-2011 passed by the Lahore High Court, Lahore in W.Ps. Nos. 6360, 7769 of 2006, 14667 of 200
EJAZ AFZAL KHAN AND IJAZ AHMED CHAUDHRY, JJ
Muhammad Shahzad Shaukat, Advocate Supreme Court for
Respondent No. 1 (in C.P. No. 1178-L of 2012). Mian Subah Sadiq Klasson, Advocate Supreme Court for
Respondents Nos.1 to 4 (in C.P. No. 1179-L of 2012). Naveed Rasool Mirza, Advocate Supreme Court for R
PUNJAB LAND COMMISSION through Secretary and others
VS
Mst. IQBAL ABBASI and others
Law:
Section:
West Pakistan Land Reforms Regulation (64 of 1959)----Paras. 8 & 16---Constitution of Pakistan, Art. 185(3)---Limits on individual holding of land---Resumption and vesting in Government of excess land---Excess land holding of late Ameer of Bahawalpur---Contentions on behalf of Provincial Government and Land Commission (petitioners) were that the late Ameer was subject to paragraphs 8 and 16 of West Pakistan Land Reforms Regulation, 1959, therefore, he could not have retained land which was more than what was prescribed by paragraph 8 of the said Regulation; that although declaration submitted by the late Ameer was approved on 26th February, 1966 but subsequently, it was reviewed and the matter was ultimately taken to the Supreme Court, which held that Land Reform authorities could proceed with regard to resumption of excess land once a final decision was taken with regard to distribution of the property amongst various legal heirs of the late Ameer---Validity---Points raised in the present petitions were of public importance and required a thorough examination and authoritative pronouncement, as they had not been fully dealt with in earlier s of the Supreme Court---Leave to appeal was granted in all the petitions to consider the points raised in the present petitions, subject to limitation. Brig. His Highness Nawab Muhammad Abbas Khan Abbasi v. Deputy Land Commissioner, Bahawalpur and others 1982 SCMR 991 ref. Ch. M. Hanif Khatana, Additional A.-G. Punjab, Jawwad Hassan, Additional A.-G. Punjab, M. Javaid, Dy. Secy. Punjab, Land Commission Lahore and Ali M. Khokhar, Land Revenue Consultant, BOR, Punjab for Petitioners (in C.Ps. Nos. 1162, 1178-L - 1180-L of 2012 and C.M.As. Nos. 1729-L - 1732-L of 2012). ORDER EJAZ AFZAL KHAN, J.---Learned Additional Advocate-General, Punjab appearing on behalf of the petitioners contended that Martial Law Regulation No.64 was promulgated in 1959 and given effect from 7 day of February, 1959; that the said regulation in view of its provision contained in paragraph 8 prescribed the limits on individual holding and that the provision contained in paragraph 16 clearly provided that land in excess of the area permissible for…
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