Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 32,34

Law: Punjab Land Revenue Act, 1967

Section: 175-A

Law: Constitution of Pakistan, 1973

Section: 199

(a) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----Ss. 32 34---Punjab Land Revenue Act (XVII of 1967), S. 175-A---Illegal occupation of State land---Village pond---Beneficial for ecosystem---Petitioner challenged the dismissal of his constitutional petition---Validity---Land in question, which was in the possession of the appellant, was state land that was being used as a water pond---Earlier, residents of the same vicinity had agitated the issue about the appellants illegal occupation of the land in terms of S. 175-A of the Punjab Land Revenue Act, 1967---That resulted in proceedings being initiated against the appellant under Ss. 32 34 of the Colonization of the Government Lands (Punjab) Act, 1912---Appellants appeal was dismissed by the Executive District Officer (Revenue) and his subsequent revision petition before the Member, Board of Revenue, also failed---Impugned order showed that the appellant had also sought remedies before the relevant civil court and the Ombudsman, but to no avail---Ponds play a pivotal role in providing ecosystem services to society, including water purification, flood alleviation, irrigation, livestock watering, fish production, support for pollinators and climate change mitigation---Prayer made by the appellant was barred by the doctrine of judicial estoppel---Intra-court appeal was dismissed.   Messrs Iqbal Mining Co. through Partners and 6 others v. Punjab Environmental Protection Agency and 4 others 2022 CLC 1473 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction---Judicial restraint---Policy of government---Scope---Courts should exercise judicial restraint and refrain from passing adverse orders or taking any actions that could potentially hinder or nullify any government initiative---Such actions can seriously impede the positive initiatives being taken by concerned governmental authorities for the larger interest of the public or the country. Muhammad Umais v. Cantonment Board Rawalpindi and others PLD 2022 Lah. 148; Syed Faisal Mehboob v. Federation of Pakistan and others 2022 CLC 1153 and Muhammad Azam v. Province of Punjab and others 2022 CLC 532 ref. ORDER Through this…

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