Case Details

Citation(s)
2018 SLG 2399 2018 SLD 2399 2018 SCMR 1864

Decided on 4-05-2018. Hearing Dates: 10th, 11th, 24th January, 8th, 21st February, 13th, 20th, 22nd, 29th March, 2nd to 5th, 10th to 12th, 30th April and 2nd May, 2018 (Judgment Reserved).
EJAZ AFZAL KHAN, JUSTICE MAQBOOL BAQAR, JUSTICE FAISAL ARAB, JUSTICE
Ali Zafar, Zahid Nawaz Cheema, Advocates Supreme Court and Raja Abdul Ghafoor, Advocate-on-Record for Petitioners (in C.R.Ps.155-156/15 and C.M.As. 6807 and 6809/15). Syed Zahid Hussain Bokhari, Advocate Supreme Court and Raja Abdul Ghafoor, Advocate-on-Record for Petitioners (in C.R.P.245/13). Ch. Aitzaz Ahsan, Senior Advocate Supreme Court, Gohar Ali Khan, Advocate Supreme Court and Raja Abdul Ghafoor, Advocate-on-Record for Petitioners (in C.R.P.473/15). Raja Abdul Ghafoor, Advocate-on-Record for Petitioners (in C.M.A. 3704/15). Ch. Aitzaz Ahsan, Senior Advocate Supreme Court, Gohar Ali Khan, Advocate Supreme Court and Raja Abdul Ghafoor, Advocate-on-Record for
Respondents (in C.M.A.3854/14 and H.R.C.4729-P/11). Syed Rifaqat Hussain Shah, Advocate-on-Record, Hafiz Hifz-ur-Rehman, Advocate Supreme Court and Zahid Hussain Bokhari, Advocate Supreme Court for
Respondents (in Crl. O. P. 110/14). Razzaq A. Mirza, Addl. A. G. Punjab. for Government of Punjab (in all cases). Sajid Ilyas Bhatti, DAG, assisted by Barrister Asad Rahim Khan, Barrister Minael Tariq and Mirza Moiz Baig, Advocate for Federation of Pakistan (in all cases).

CIVIL MISC. APPLICATION NO. 3854 OF 2014 IN S.M.C. NO.3 OF 2009 (Matter regarding noNimplementation of the order of this court with respect to demarcation of property). AND CIVIL REVIEW NO.155 of 2015 IN CIVIL MISC. APPLICATION NO.4341 OF 2014 IN CIVIL MISC. APPLICATION NO.3854 OF 2014 IN S.M.C. NO. 3 OF 2009 AND CIVIL REVIEW NO.156 of 2015 IN CIVIL MISC. APPLICATION NO.4341 OF 2014 IN CIVIL MISC. APPLICATION NO.3854 OF 2014 IN S.M.C. NO. 3 OF 2009. BAHRIA TOWN through Company Secretary

VS

GOVERNMENT OF PUNJAB and others AND CIVIL REVIEW NO.245 OF 2013 IN S.M.C. NO.3 OF 2009 BAHRIA TOWN (PVT.) LTD. and others VS MUHAMMAD SHAFI and others AND CRIMINAL ORIGINAL NO.110 OF 2014 in S.M.C. NO. 3 OF 2009 Dr. M. SHAFIQ-UR-REHMAN VS ABDUL QAYYUM and others AND CIVIL MISC. APPLICATION NO.6807 OF 2015 IN CIVIL REVIEW NO.NIL OF 2015 IN CIVIL MISC. APPLICATION NO.3704 OF 2015 IN CIVIL MISC. APPLICATION NO.3853 OF 2015 IN CIVIL MISC. APPLICATION NO.4341 OF 2014 IN CIVIL MISC. APPLICATION NO.3854 OF 2014 IN S.M.C. NO.3 OF 2009 REVIEW ON BEHALF OF SYED ALI ZAFAR COUNSEL FOR BAHRIA TOWN VS GOVERNMENT OF PUNJAB and others AND CIVIL MISC. APPLICATION NO.6809 OF 2015 IN CIVIL REVIEW NO.NIL OF 2015 IN CIVIL MISC. APPLICATION NO.3704 OF 2015 IN CIVIL MISC. APPLICATION NO.3853 OF 2015 IN CIVIL MISC. APPLICATION NO.4341 OF 2014 IN CIVIL MISC. APPLICATION NO.3854 OF 2014 IN S.M.C. NO.3 OF 2009 REVIEW ON BEHALF OF SYED ALI ZAFAR COUNSEL FOR BAHRIA TOWN VS GOVERNMENT OF PUNJAB and others AND CIVIL REVIEW NO. 473 OF 2015 IN H.R.C. NO.4729-P OF 2011 IN S.M.C. NO.3 OF 2009 (Review on behalf of Bahria Town (Pvt.) Ltd.) AND H.R.C. NO.4729-P OF 2011 IN S.M.C. NO.3 OF 2009 (Application by Malik Muhammad Shafi) AND CIVIL MISC. APPLICATION NO.3704 OF 2015 IN CIVIL MISC. APPLICATION NO.4341 OF 2014 IN CIVIL MISC. APPLICATION NO.3854 OF 2014 IN S.M.C. NO.3 OF 2009 (Reply to Show Cause Notice by Syed Ali Zafar)

Law: Punjab Land Revenue Act, 1967

Section: 30,39

Law: Forests Act, 1927

Section: 8(a)

Law: Punjab Land Revenue Rules, 1968

Section: R.67-A

Punjab Land Revenue Act (XVII of 1967)--- ----Ss. 30 & 39---Punjab Land Revenue Rules, 1968, R. 67-A---Forest Act (XVI of 1927), S. 8(a)---Private real estate developer ("developer")---Encroachment upon forest land---Demarcation proceedings---Developer and Forest department had allegedly encroached upon each other's land---Developer contended that on the basis of demarcation proceedings an area measuring 1170 kanals of the forest land was found to have been encroached by the developer and an area measuring 765 kanals of the developer was found to have been encroached by the Forest Department; that area found to have been encroached was accepted by both parties and mutations witnessing exchange of the said areas were entered and attested; that the entry in the revenue record of 2210 acres of forest land allegedly encroached upon by the developer was incorrect---Validity---[Per Ejaz Afzal Khan (Majority view): According to the record of rights the total area of forest land was approximately 2210 acres---Said record was blessed with presumption of truth---Nothing had been brought on the record to dispute the entries appearing in the record of rights---Relevant Provincial District Gazetteer and the working plan of scrub forest of the Division amply and overwhelmingly proved that the total area of forest land was 2210 acres---Demarcations proceedings forming basis of the demarcation reports were not conducted in accordance with undisputed entries of the record of rights---Similarly, the settlements arrived at between the Forest Department and the developer culminating an exchange could not be vested with any sanctity and even finality when the entire proceedings from the inception to the end were based on misrepresentation, erroneous assumption about the area and non-reading of the record in its correct perspective---Such proceedings even otherwise could not be vested with any sanctity when the revenue staff and officials of the Forest Department defended the interest of the developer with much greater tenacity than the developer itself---Supreme Court declared that the area of forest was 2210 acres; that exchange of land purportedly encroached by the developer…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

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