Case Details

Citation(s)
2019 SLG 601 2019 SLD 601 2019 PLD 297
Supreme Court of Pakistan
HUMAN RIGHTS CASE No. 69229-P OF 2018, decision & hearingDated: 03-01-2019. (Regarding functioning of Patwaris,Kanungos and Tehsildars in urban area of Lahore).
FAISAL ARAB, JUSTICE IJAZ UL AHSAN, JUSTICE
Habibullah, Law Officer for DC, Lahore.Mian Zafar Iqbal Kalanauri, Advocate Supreme Court.Amanullah Kanrani, Advocate Supreme Court, SCBA (amicus curiae).

Law: Punjab Land Revenue Act, 1967

Section: 3,42,42A,56(2)

Law: Registration Act, 1908

Section: 17

Law: Punjab Urban Immovable Property Tax Act, 1958

Section: 3

Law: Transfer of Property Act, 1882

Section: 54,59,107,118,123

(a) Words and phrases--- ----"Land"---Meaning. Black's Law Dictionary (Ninth Edn.); Chambers 21st Century Dictionary and Wharton's Law Lexicon (Fourteenth Edn.) ref. (b) Punjab Land Revenue Act (XVII of 1967)--- ----Ss. 3 & 56(2)---Land exempt from operation of Punjab Land Revenue Act, 1967 ("the Act")---Scope---Any land that was occupied as the site of a town or village and was not assessed to land revenue was exempt from the operation of the provisions of the Act---However, every case must be decision dated: its merits and the mere inclusion of a certain area within a town/village for jurisdictional purposes did not trigger the exemption from land revenue under the law. (c) Punjab Land Revenue (Act XVII of 1967)--- ----Ss. 3, 42, 42-A & 56(2)---Transfer of Property Act (IV of 1882), Ss.54, 59, 107, 118 & 123---Registration Act (XVI of 1908), S. 17---Punjab Urban Immovable Property Tax Act (V of 1958), S. 3---Punjab Local Government Act (XVIII of 2013), Ss. 2(hhh) & 6(2)---Human rights case---Matter regarding functioning of Patwaris, Kanungos and Tehsildars in urban areas of cities---Land/estate located within "rating areas" of the Punjab Urban Immoveable Property Tax Act, 1958, was exempted from the payment of land revenue and the revenue authorities---Patwaries, Kanungos, Tehsildars etc., were not authorized to enter mutations of alienation of such property etc., in their record---Revenue authorities were to refrain from any and all functions (to the extent that these were within the ambit of the (Punjab Urban Immoveable Property Tax Act, 1958) in the said areas particularly with regards to entering mutations, etc.---Supreme Court directed that all the urban areas to which the Punjab Land Revenue Act, 1967 did not apply shall be governed by the Transfer of Property Act, 1882 and the Registration Act, 1908 for the purposes of transfer of property or devolution of any rights in property; that no oral mutations for the purposes of the transfer of property shall be valid in law in such urban areas (which had become part of settled areas including municipalities, towns, etc.); that the patwaarkhanas or revenue records could only be maintained for record keeping…
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