| Citation(s) |
|---|
| 2017 SLG 88 2017 SLD 88 2017 SCMR 172 |
Supreme Court of Pakistan
C.A. No. 204-L of 2015, C.M.A. No. 61 of 2016 in C.A. No.204-L of 2015, C.A. No. 205-L of 2015, C.M.As. Nos. 974, 62and 117 of 2016 in C.A. No. 205-L of 2015, C.A. No. 206-L of2015, C.M.As. Nos. 63 of 2016 and 1604-L of 2015 in C.A. No.206-L of 2015 D
EJAZ AFZAL KHAN, JUSTICE AND SH. AZMAT SAEED, JUSTICE
Mrs. Aasma Hamid, Additional A.G. Punjab, Rana Shamshad Khan, Additional A.G. Punjab and Rao M. Yousaf Khan, Advocate-on-Record (Absent) for Appellants (in all cases).M. Muzammil Khan, Senior Advocate Supreme Court for L.Rs. of
Respondent No.1 (in C.A.
C.A. No. 204-L of 2015, C.M.A. No. 61 of 2016 in C.A. No.204-L of 2015, C.A. No. 205-L of 2015, C.M.As. Nos. 974, 62and 117 of 2016 in C.A. No. 205-L of 2015, C.A. No. 206-L of2015, C.M.As. Nos. 63 of 2016 and 1604-L of 2015 in C.A. No.206-L of 2015 D
EJAZ AFZAL KHAN, JUSTICE AND SH. AZMAT SAEED, JUSTICE
Mrs. Aasma Hamid, Additional A.G. Punjab, Rana Shamshad Khan, Additional A.G. Punjab and Rao M. Yousaf Khan, Advocate-on-Record (Absent) for Appellants (in all cases).M. Muzammil Khan, Senior Advocate Supreme Court for L.Rs. of
Respondent No.1 (in C.A.
PROVINCE OF THE PUNJAB through Collector, Sheikhupura and others --AppellantsVS.Syed GHAZANFAR ALI SHAH and others --RespondentsANDC.A. No. 205-L of 2015, C.M.As. Nos. 974, 62 and 117 of 2016 in C.A. No. 205-L of 2015PROVINCE OF THE PUNJAB throu
Law:
Section:
(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----S. 11--- West Pakistan Rehabilitation Settlement Scheme, Para. 4-A---Qanun-e-Shahadat (10 of 1984), Art. 78---Memorandum No.65/795-R(L) dated 27-2-1965 issued by Chief Settlement Commissioner---Evacuee property---Allotment without confirmation---Documents relied upon by allottee not proved in accordance with provisions of Qanun-e-Shahadat, 1984---Purported allotment in favour of respondents was confirmed by the courts below on the basis of extracts from the record of rights, a NOC purportedly issued by an official of the Forest department, a letter written by the Solicitor to the Provincial Government, and a letter written by the Minister for Forestry, Wildlife and Fisheries---None of these documents, however, had been brought on the record in conformity with the mode provided by the Qanun-e-Shahadat, 1984---Chief Settlement Commissioner had issued Memorandum No. 65/795-R(L) dated 27.02.1965 specifying that evacuee lands in possession of the Forest Department whether notified or un-notified should not be allotted against claims under the provision of the West Pakistan Rehabilitation Settlement Scheme till further orders---Additional Settlement Commissioner or Forest Department had no power or authority to nullify or neutralize effect of the Memorandum, or read something in it which was not there---Additional Commissioner confirmed allotment of suit land on the undertaking of the respondents and/or on the basis of purported NOC of the Forest Department, when the Memorandum did not provide for either of them---Allotment of suit land in favour of respondents was cancelled in circumstances---Appeal was allowed accordingly. Muhammad Ayub and others v. The Province of Punjab 1989 SCMR 1033 and Province of Punjab v. Muhammad Mahmood Shah 1991 SCMR 1426 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Chap. V [Arts. 72 to 101]--- Documents brought on record--- Mode of proof---Provisions governing the mode of proof could not be compounded or dispensed with, nor could the Court, which had to pronounce a , as to the proof or otherwise of the document be precluded to see whether the document had been proved in…