Law: Sindh Land Revenue Act, 1967

Section: 164(3)

Law: Transfer of Property Act, 1882

Section: 54

Law: Registration Act, 1908

Section: 17

Law: Constitution of Pakistan, 1973

Section: 10A,24,199

(a) Sindh Land Revenue Act (XVII of 1967)--- ----S. 164(3)---Land acquisition and claim of compensation---Scope---Matter of land acquisition and claim of compensation does not fall within ambit of S. 164(3) of Sindh Land Revenue Act, 1967. (b) Constitution of Pakistan--- ----Arts. 10-A & 24---Constitutional petition---Property rights---Due process of law---Natural justice, principles of---Forcible dispossession---Petitioners claimed to be owner of subject land and were aggrieved of orders passed by authorities whereby they were forcibly dispossessed from subject land---Validity---Adverse action was taken by authorities against petitioners without affording opportunity of hearing to them---Petitioners were not only entitled to get back possession of property in question but were also deserved to be permitted to again raise construction of demolished boundary wall at subject land---Action of dispossession of petitioners by authorities and demolishing boundary wall raised by them was not only illegal but was taken at instigation of respondents---Order passed by authorities was without justification, mala fide and void ab initio---Stand of respondent regarding ownership and/or location of survey number where subject land was situated was not only self-conflicting but also self-destructive---Such stand led to a presumption that respondent had no genuine case---High Court in exercise of Constitutional jurisdiction set aside orders passed by authorities and declared that all such actions taken/orders passed by authorities pursuant to such orders were mala fide, illegal without jurisdiction and of no legal effect---High Court directed the authorities to give peaceful possession of subject land to petitioners---Constitutional petition was allowed accordingly. Shabbir Ahmed v. Kiran Khursheed and 8 others 2012 CLC 1236 and Babar Hussain Shah and another v. Mujeeb Ahmed Khan and another 2012 SCMR 1235 ref. Dr. Aftab Shah v. Pakistan Employees Cooperative Housing Society Limited and 5 others 2006 CLC 342 rel. (c) Constitution of Pakistan--- ----Art. 24---Transfer of Property Act (IV of 1882), S. 54---Registration Act (XVI of 1908), S. 17---Property rights---Registered sale…

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