| Citation(s) |
|---|
| 2023 SLG 1373 2023 SLD 1373 2023 SCMR 860 |
Supreme Court of Pakistan
C.P.L.As. Nos. 211-Q and 5070 of 2017, decided on 18th January, 2023. Date of hearing: 18th January, 2023. (Against the judgment Dated 09.10.2017 passed by the High Court of Balochistan Quetta in C.P. No. 824 of 2011)
Present: Sardar Tariq Masood, Amin-ud-Din Khan and Syed Hasan Azhar Rizvi, JJ
Ch. Aamir Rehman, Additional Attorney General and Adnan Basharat, Advocate Supreme Court on behalf of Cantonment Board Quetta for Petitioners. Syed Ayaz Zahoor, Senior Advocate Supreme Court (through video link from Quetta) for
Respondents.
C.P.L.As. Nos. 211-Q and 5070 of 2017, decided on 18th January, 2023. Date of hearing: 18th January, 2023. (Against the judgment Dated 09.10.2017 passed by the High Court of Balochistan Quetta in C.P. No. 824 of 2011)
Present: Sardar Tariq Masood, Amin-ud-Din Khan and Syed Hasan Azhar Rizvi, JJ
Ch. Aamir Rehman, Additional Attorney General and Adnan Basharat, Advocate Supreme Court on behalf of Cantonment Board Quetta for Petitioners. Syed Ayaz Zahoor, Senior Advocate Supreme Court (through video link from Quetta) for
Respondents.
DIRECTOR MILITARY LANDS AND CANTONMENT QUETTA CANTT. QUETTA and others---Petitioners
VERSUS
AZIZ AHMED and others-----Respondents
Law: Constitution of Pakistan, 1973
Section: 199
Law: Specific Relief Act, 1877
Section: 42
(a) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of the High Court---Scope---Constitutional jurisdiction under Article 199 of the Constitution cannot be exercised to resolve factual controversies. Government of Khyber Pakhtunkhwa v. Intizar Ali 2022 SCMR 472 and Amir Jamal v. Malik Zahoor-ul-Haq 2011 SCMR 1023 ref. (b) Pakistan Cantonment Property Rules, 1957--- ----R. 9---Class C land---Change in classification of land---Approval of Federal Government---Cantonment Board has no independent and exclusive authority to change the classification of the land, its lease or transfer, except with the previous approval of the Federal Government. Federation of Pakistan through The Secretary, Ministry of Defence v. Province of Punjab and others PLD 1975 SC 37 ref. (c) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Decree---Pre-existing right---Through a declaration in civil matters claimed under section 42 of the Specific Relief Act, 1877, a pre-existing right can be declared, but a new right cannot be created by grant of a decree by the civil court. (d) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of the High Court---Scope---High Court under the Constitutional jurisdiction vested in it under Article 199 of the Constitution can declare a pre-existing right, and no new right can be created through a declaration issued under Article 199. JUDGMENT AMIN-UD-DIN KHAN, J.---Through this single judgment we intend to decide the instant petition as well as C.P.L.A. No. 5070 of 2017 as both petitions have been filed against the same judgment. Through this petition filed under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973 leave has been sought against the judgment dated 9.10.2017 whereby Writ Petition No. 824 of 2011 filed by respondents Nos. 1 and 2 was accepted. 2. Brief facts are that respondents Nos. 1 and 2 filed a Writ Petition with the following prayer: - A. Declaring that the act on the part of the respondents in issuing letter dated 23.7.2011, dated 11.10.2008, are contrary to the decisions so taken by the Cantonment Board in its meeting held on 12.4.2008 and 29.11.2010…
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