| Citation(s) |
|---|
| 2026 SLG 1442 2026 SLD 1442 |
Federal Constitution Court of Pakistan
C.P.L.A.3912/2025, C.P.L.A.1449-L/2025, C.M.A.1142-L/2025 IN C.P.L.A.1449-L/2025, C.M.A.1164-L/2025, C.M.A.1165-L/2025 C.P.L.A.2015-L/2025 (Against the judgment dated 08.07.2025 of the Lahore High Court, Lahore in W.P No(s).25439, 8841 & 12682 of 2014)
Presented By: Justice Aamer Farooq Justice Muhammad Karim Khan Agha
For the Petitioners : Syed Muhammad Kaleem Ahmad Khursheed, Senior ASC (in CPLA.2015-L/2025) Mr. Kamran Murtaza, Senior ASC and Ch. Ahsan-ul-Haq Virk, ASC (in FCPLA No.866/2025 and CMA Nos.1164-L and 1165-L of 2025 in CPLA. Nil/2025) Syed Qalb e Hassan, ASC (in CPLA.3912/2025) Malik Noor Muhammad Awan, ASC (in CPLA No.1449-L/2025) Mr. Waseem Arif Bhaddar, ASC (for LDA in all cases) For the
Respondents : Mr. Khawar Ikram Bhatti, ASC (for respondent Nos.14,31,35,43,53,73,105, 106,107,110,140,144,145,155,164 in case CPLA No.1449/2025) Mr. Iqbal Ahmad Khan Dhengal, ASC (for respondent Nos.7,8,26,62,67,73,77,94,96 133,164 in case CPLA No.1449/2025) For the Province of Punjab : Mr. Muhammad Amjad Pervaiz, Advocate General Punjab Rana Shamshad Khan, Addl. A.G., Punjab Dr. Yaser Aman Khan, Addl. A.G., Punjab Sanaullah Zahid, Addl. AG, Punjab Waseem Mumtaz Malik, Addl. AG, Punjab Muhammad Adil Chatha, Senior Consultant Assisted by : Zarrar Haider Bhatti, Law Clerk. Date of Hearing : 29.04.2026
C.P.L.A.3912/2025, C.P.L.A.1449-L/2025, C.M.A.1142-L/2025 IN C.P.L.A.1449-L/2025, C.M.A.1164-L/2025, C.M.A.1165-L/2025 C.P.L.A.2015-L/2025 (Against the judgment dated 08.07.2025 of the Lahore High Court, Lahore in W.P No(s).25439, 8841 & 12682 of 2014)
Presented By: Justice Aamer Farooq Justice Muhammad Karim Khan Agha
For the Petitioners : Syed Muhammad Kaleem Ahmad Khursheed, Senior ASC (in CPLA.2015-L/2025) Mr. Kamran Murtaza, Senior ASC and Ch. Ahsan-ul-Haq Virk, ASC (in FCPLA No.866/2025 and CMA Nos.1164-L and 1165-L of 2025 in CPLA. Nil/2025) Syed Qalb e Hassan, ASC (in CPLA.3912/2025) Malik Noor Muhammad Awan, ASC (in CPLA No.1449-L/2025) Mr. Waseem Arif Bhaddar, ASC (for LDA in all cases) For the
Respondents : Mr. Khawar Ikram Bhatti, ASC (for respondent Nos.14,31,35,43,53,73,105, 106,107,110,140,144,145,155,164 in case CPLA No.1449/2025) Mr. Iqbal Ahmad Khan Dhengal, ASC (for respondent Nos.7,8,26,62,67,73,77,94,96 133,164 in case CPLA No.1449/2025) For the Province of Punjab : Mr. Muhammad Amjad Pervaiz, Advocate General Punjab Rana Shamshad Khan, Addl. A.G., Punjab Dr. Yaser Aman Khan, Addl. A.G., Punjab Sanaullah Zahid, Addl. AG, Punjab Waseem Mumtaz Malik, Addl. AG, Punjab Muhammad Adil Chatha, Senior Consultant Assisted by : Zarrar Haider Bhatti, Law Clerk. Date of Hearing : 29.04.2026
Ghulam Hussain and another in C.P.L.A.3912/2025 Muhammad Nawaz in C.P.L.A.1449-L/2025 and C.M.A.1142-L/2025 in C.P.L.A.1449-L/2025 Muhammad Ayub in C.M.A.1164-L/2025 in C.P.L.A.NIL/2025 and C.M.A.1165- L/2025 in C.P.L.A.NIL/2025 Ali Imtiaz in C.P.L.A.2015-L/2025 …Petitioner(s)
VERSUS
Member Board of Revenue, Punjab, Lahore and others in C.P.L.A.3912/2025 & C.P.L.A.2015-L/2025 Province of Punjab through Member (Consolidation), Board of Revenue, Punjab, Lahore and others in C.P.L.A.1449-L/2025, C.M.A.1142- L/2025 in C.P.L.A.1449-L/2025, C.M.A.1164-L/2025 in C.P.L.A.NIL/2025 and C.M.A.1165L/2025 in C.P.L.A.NIL/2025 …Respondent(s)
Law: Constitution of Pakistan, 1973
Section: 199
Summary of the Judgment The Supreme Court of Pakistan dismissed the petitions challenging the Lahore High Court’s judgment regarding the annulment of the land consolidation scheme for the villages Toor and Warriach in Lahore. Background A land consolidation scheme for the villages was confirmed in 1984. It was annulled in 1992, and a revised scheme was introduced in 1996. Multiple inquiries followed due to allegations of irregularities. In 2009, the Member Board of Revenue (MBR), using suo motu powers under Section 13 of the Consolidation of Holdings Ordinance, annulled the scheme. The matter went through several rounds of litigation, including remand proceedings ordered by the Lahore High Court and affirmed by the Supreme Court in 2013. The Lahore High Court later upheld the annulment, leading to the present petitions before the Supreme Court. Main Issues Raised by Petitioners The petitioners argued that: The MBR exceeded the scope of the remand order. They were not properly heard or made parties. No show-cause notices were issued. The land could still be consolidated despite acquisition proceedings. Supreme Court’s Findings 1. Purpose of Consolidation No Longer Exists The Court emphasized that consolidation laws exist to improve agricultural operations by reorganizing fragmented agricultural land. However: The land had lost its agricultural nature. It had been urbanized with houses, roads, and commercial development. It was connected to Lahore Ring Road. Therefore, the very basis for consolidation had disappeared. The Court relied on earlier precedents holding that land converted to residential or commercial use cannot remain subject to agricultural consolidation. 2. Land Acquisition Proceedings Make Consolidation Futile The Court noted that acquisition proceedings under the Land Acquisition Act, 1894 had already begun. Since: Consolidation serves agricultural purposes, and Acquisition serves public purposes and transfers land to the State, the consolidation proceedings had become infructuous. Any grievances of the petitioners could now be pursued under the Land Acquisition Act. 3. Remand Order Was Properly Followed The Court rejected the…