Law: Land Reforms Act, 1977

Section: 4,5,7,7(5),9,15,17,24,27

(a) Land Reforms Act (II of 1977)--- ----Ss. 4, 7 & 24---Voluntary declaration---Surrender of excess land---Past and closed transaction---Predecessors-in-interest of petitioners owned subject land out of which they voluntarily surrendered excess land under Land Reforms Act, 1977---Petitioners assailed allotment of surrendered land by Federal Land Commission to respondent on grounds that predecessors-in-interest of petitioners had filed application for reclassification/redetermination of land in question---Validity---Proceedings pursuant to filing of miscellaneous applications when orders passed under S.7 of Land Reforms Act, 1977 and other provisions had attained finality, were inconsequential and alien to legislative intent---Predecessors-in-interest of petitioners made voluntary declarations on basis of long standing entries which existed in revenue records at that time and never objected to same---Predecessors-in-interest of petitioners exercised options under S. 4 of Land Reforms Act, 1977 of their own freewill and without demur whereby, land surrendered was resumed and vested with Government and was disposed of in manner prescribed---Proceedings against predecessors-in-interest of petitioners were completed and orders acted upon thus, same had attained finality and became past and closed transaction as for past six years, they were content with their own declarations and finality of proceedings---Predecessors-in-interest of petitioners failed to challenge order of Federal Land Commission which consequently attained finality since no request was made to Federal Government in terms of S. 24 of Land Reforms Act, 1977---Subsequent proceedings initiated pursuant to filing of miscellaneous applications were alien to Land Reforms Act, 1977 and to extent of proceedings and orders which had attained finality were ultra vires and had no effect---High Court declined to interfere in exercise of Constitutional jurisdiction as predecessors-in-interest of petitioners were estopped on account of their own conduct from indirectly challenging proceedings under Land Reforms Act, 1977 that had attained finality---Constitutional petition was dismissed in circumstances.…

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