| Citation(s) |
|---|
| 1981 SLG 3057 = 1981 SLD 3057 = 1981 PLD 74 |
Lahore High Court
Writ Petition No. 2781 of 1978, decided on 24th September 1978.
Presented By: Mushtaq Hussain, C J
Dr. M. Danishver Malik for Petitioner. Nemo for
Respondent.
Writ Petition No. 2781 of 1978, decided on 24th September 1978.
Presented By: Mushtaq Hussain, C J
Dr. M. Danishver Malik for Petitioner. Nemo for
Respondent.
S. M. SHARIF-Petitioner
VERSUS
FEDERATION OF PAKISTAN-Respondent
Law: Land Reforms Regulation, 1972
Section: 8(2), 10
(a) Land Reforms Regulation, 1972 [M. L. R. 115] Paras. 8(2) & 10-Concession of possessing additional area given in para. 8 (2) for possessing a Tractor or having installed a Tube-well on land-Held, not available to a person in civil service of Pakistan who is hit by provisions of para. 10. Ch. Abdul Azlz v. Deputy Land Commissioner, Dera Ghazi Khan and 4 others P L D 1975 Lah. 417 ref. (b) Land Reforms Regulation, 1972 [M. L. R. 115] Para. 10-Para. 10, neither unconstitutional, nor discriminatory as no Constitution was in existence at time of legislation of Regulation. (c) Interpretation of statutes Bye-laws-Meaning-Bye-laws found to be unreasonable--Can be struck down by a Court. Craies on Statute Law, 7th Edn., p. 330 and Kruse v. Johnson (1898) 2 QB91ref. (d) Land Reforms Regulation, 1972 [M. L. R. 115] Para. 10 read with Federal Land Commissioner's Letter No: F: 5(26)/FLC/73, dated 22-8-73--Resumption of excess land from Government servants-Refund of amounts more than price of land ietained by them Decision of Federal Land Commission not to refund such amounts--Held, without lawful authority and of no legal effect. Date of bearing : 24th September 1978. JUDGMENT On the 21st of March, 1955, the Punjab Government issued a memorandum, the relevant portion of which runs as follows :- "In order to encourage honesty, efficiency and hard working among the civil servants of the Government, it has been decided to revise the scheme for sale of land to retired and retiring civil servants with exceptionally distinguished record." 2. On the formation of one unit this policy was reiterated by the Government of Pakistan in a similar memorandum. In implementation of this policy when the Guddu…