Law: Land Reforms Regulation, 1972

Section: 29 , 439

  Land Reforms Regulation, 1972 (M.L.R 115)--- ----Para. 29---Criminal Procedure Code (V of 1898), S. 439---Suo motu power of Federal Land Commission ---Extent---Suo motu power of Federal Land Commission under para. 29, Land Reforms Regulation, 1972 was almost analogous to revisional powers of Criminal Courts under S. 439, Criminal Procedure Code, 1898---Jurisdiction of Federal Land Commission was, thus, amalgam of wide as well as limited power which was based upon principles of doing ex debitio justice. The suo motu power of federal Land Commission under para. 29 of the Land Reforms Regulation, 1972 is almost analogous to the revisional power of criminal Courts under section 439 of the Code of Criminal Procedure. The revisional Court, thus, under para. 29 of the Regulation was empowered to summon the record of subordinate authorities for the purpose of satisfying itself about the correctness/validity of the orders passed by them/action taken by them/proceedings initiated by them against owners of land. The Federal Land Commission, thus, can set aside the orders/actions of the subordinate authorities if it comes to the conclusion that orders/actions suffer from excess of jurisdiction, absence of jurisdiction or were in defiance of some express provisions of law. This jurisdiction was amalgam of wide as well as limited power. This proceeded upon the principles of doing ex debitio justice and was not entitled to victimise any one. Abdul Ghafoor Khan v. Federal Land Commission PLD 1979 Lah. 375; Federal Land Commission v. Ghulam Nabi Shah 1989 SCMR 210; Ali Ahsan v. Federal Land Commission 1989 SCMR 764; Sultan Muhammad Khan v. Federal Land Commissioner 1983 SCMR 797; Khuda Bakhsh v. Federal Land Commission 1990 SCMR 711; Jehan Khan v. Member, Federal Land Commission, Rawalpindi 1981 CLC 1200; Surraya Mamdot v. Jamshed Iftekhar 1982 CLC 25; Abdul Aziz v. Deputy Land Commissioner PLD 1975 Lah. 417; Aisha Begum v. Chairman, Federal Land Commission 1982 SCMR 1074; Yar Muhammad Khan v. Federal Land Commission 1983 SCMR 812; Federal Land Commission v. Zarin Qaisha 1984 SCMR 666 and Mst. Tayyib Khanam v. Chairman, F.L.C.1984 SCMR 1110 ref. Land Reforms Regulation,…