| Citation(s) |
|---|
| 2024 SLG 2849 2024 SLD 2849 2024 CLC 125 |
Islamabad High Court
Writ Petition No. 2921 of 2019, decided on 20th March, 2023.Date of hearing: 24th January, 2023.
Before Mohsin Akhtar Kiyani, J
Nemo for Petitioner. Ms. Khadija Ali, State Counsel, Naseem Ahmed, Naib Tehsildar and Abbas, Halqa Patwari for
Respondents.
Writ Petition No. 2921 of 2019, decided on 20th March, 2023.Date of hearing: 24th January, 2023.
Before Mohsin Akhtar Kiyani, J
Nemo for Petitioner. Ms. Khadija Ali, State Counsel, Naseem Ahmed, Naib Tehsildar and Abbas, Halqa Patwari for
Respondents.
Raja TAHIR MAHMOOD----Petitioner
VERSUS
CHIEF COMMISSIONER, ISLAMABAD and another---Respondents
Law:
Section:
West Pakistan Land Revenue Act (XVII of 1967)--- ----S.42---Shamlat deh land---Shart Wajib ul Arz---Land mafia restrained from changing the nature of land---Petitioner alleged that grazing land, as a common land reserved for firewood, animal Chiragah etc. was being changed for development of illegal housing society---Validity---Any land which had been declared as Chiragah was not permitted to be changed for its character, nor notore was permissible and District Administration was bound to implement and protect its character as defined in Shart Wajib-ul-Arz---In such circumstances, the claim submitted by the petitioner qua khasra numbers which had allegedly been converted by different housing schemes and individuals, shall be dealt by the Member Board of Revenue/Chief Commissioner, Islamabad, and all kinds of Chiragah should have been given protection---Chief Commissioner, Islamabad, could exercise its powers to protect such land and any housing scheme which encroached upon the Chiragah, action should have been taken against such individual or housing society under law---Chief Commissioner, Islamabad, was expected to restore the status of Chiragah by all means---Similarly Board of Revenue shall issue Notification of Abadi-Deh within Islamabad Territory after adopting procedure under the law---Petition was disposed of with said observations and other relevant directions. Syed Azhar Hussain Shah v. Member Board of Revenue, KP 2016 YLR 1489; Muhammad Nazeer v. Ameer Jan 2016 MLD 568; Dilawar Khan v. Sana Ullah 2016 YLR Note 30; Muzaffar ul Malik Khan alias Kaki Khan v. Jamshaid Zada and 16 others 2016 CLC Note 79; Safdar Hussain v. Muhammad Azam PLD 2009 Lah. 347; Abdul Hameed v. Nek Muhammad 1994 SCMR 2255; Government of the Punjab through Secretary, Schools Education Department, Lahore v. Abdur Rehman 2022 SCMR 25; Dr. Jalal Khan v. Qazi Naseer Ahmed, District Deputy Officer, (Revenue), Kharian, District Gujrat 2005 MLD 814; Muhammad Muneer v. Member Board of Revenue, Punjab, Lahore 2009 MLD 930; Parvez Ahmad Burki v. Assistant Commissioner PLD 1999 Lah. 31; Muhammad Ramzan and others vs. Member (Rev.)/CSS and others 1997 SCMR 1635; Muhammad Sharif v. Settlement…
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