Law: Land Reforms Act, 1977

Section: 25

  Land Reforms Act (i1 of 1977)-- ---S. 25---Notification No.1i-1Q77/LR-1-78 dated 23-9-1978---Abatement of proceedings---Government, having power to direct that a case or class of cases would not stand abated, could not issue notification directing that all cases which were pending before Federal Land Commission before enforcement of Act 11 of 1977, shall not abate as said notification would nullify effect of section 25 of Act as a whore---Order issued by Federal Land Commission, was declared as without lawful authority and of no legal effect. Petitioners (absent). Rashid Akhtar Oureshi for Respondents. Date of hearing: 29th November, 1988. JUDGMENT AJMAL MIAN, CJ.--The above petitions are directed against the common order dated 8-1-1980, passed by respondent 1 in the proceedings which were abated in terms of Section 25 of Act-II of 1977, but were revived by virtue of Notification No.11-1977/LR-1-78 dated on 23rd September, 1978. In a recent judgment, namely, in the case of Sher Muhammad and others v. Senior Member, Federal Land Commission and others, decided on 1-11-1988 (C.P.No.D-2069 of 1979) this Division Bench has taken the following view:-- "We are inclined to hold that under above quoted Section 25 the Federal Government had the power to direct that a case or class of cases would not stand abated but it could not have issued the impugned. Notification directing that all the…