| Citation(s) |
|---|
| 2026 SLG 4522 = 2026 SLD 4522 = 2026 PLJ 111 |
Federal Constitution Court of Pakistan
C.P.L.A. No. 3912, 1449-L, C.M.A. No. 1142-L in C.P.L.A. No. 1449-L, C.M.A. No. 1164-L, 1165-L & C.P.L.A. No. 2015-L of 2025
Presented By: Aamer Farooq and Muhammad Karim Khan Agha JUDGE
Syed Muhammad Kaleem Ahmad Khursheed, Senior ASC for Petitioner (in CPLA.2015-L/2025). Mr. Kamran Murtaza, Senior ASC and Ch. Ahsan-ul-Haq Virk, ASC for Petitioners (in FCPLA No. 866/2025 and CMA Nos. 1164-L and 1165-L of 2025 in CPLA No. Nil/2025). Syed Qalb-e-Hassan, ASC for Petitioner (in CPLA. No. 3912/2025). Malik Noor Muhammad Awan, ASC for Petitioners (in CPLA No. 1449-L/2025). Mr. Waseem Arif Bhaddar, ASC for Petitioners (for LDA in all cases) 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). 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 Mr. Muhammad Adil Chatha, Senior Consultant. Zarrar Haider Bhatti, Law Clerk for Assisted. Date of hearing: 29.04.2026.
C.P.L.A. No. 3912, 1449-L, C.M.A. No. 1142-L in C.P.L.A. No. 1449-L, C.M.A. No. 1164-L, 1165-L & C.P.L.A. No. 2015-L of 2025
Presented By: Aamer Farooq and Muhammad Karim Khan Agha JUDGE
Syed Muhammad Kaleem Ahmad Khursheed, Senior ASC for Petitioner (in CPLA.2015-L/2025). Mr. Kamran Murtaza, Senior ASC and Ch. Ahsan-ul-Haq Virk, ASC for Petitioners (in FCPLA No. 866/2025 and CMA Nos. 1164-L and 1165-L of 2025 in CPLA No. Nil/2025). Syed Qalb-e-Hassan, ASC for Petitioner (in CPLA. No. 3912/2025). Malik Noor Muhammad Awan, ASC for Petitioners (in CPLA No. 1449-L/2025). Mr. Waseem Arif Bhaddar, ASC for Petitioners (for LDA in all cases) 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). 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 Mr. Muhammad Adil Chatha, Senior Consultant. Zarrar Haider Bhatti, Law Clerk for Assisted. Date of hearing: 29.04.2026.
GHULAM HUSSAIN and others--Petitioners
VERSUS
MEMBER BOARD OF REVENUE, PUNJAB, LAHORE and others--Respondents
Law: Punjab Consolidation of Holdings Ordinance, 1960
Section: 13, 29
Law: West Pakistan Board of Revenue Act (XI of 1957)
Section: 3, 6
Law: Constitution of Pakistan, 1973
Section: 199
Punjab Consolidation of Holdings Ordinance, 1960 (VI of 1960)-- ----Ss. 13 & 29--Board of Revenue Act, 1957 (XI of 1957), Ss. 3 & 6--Constitution of Pakistan, 1973, Art. 199--Consolidation of holdings--Annulment of consolidation scheme--Suo motu powers of Member Board of Revenue--Remand proceedings--Faithful and substantial compliance of remand order--Jurisdiction of Member Board of Revenue--Agricultural land converted into residential/commercial land--Loss of agricultural character--Object and purpose of consolidation--Land acquisition proceedings--Speaking order--Natural justice--Show-cause notice--Hearing of parties--Tampering of revenue record--Overwriting and manipulation of consolidation record--Scope of judicial review under Article 199--Concurrent findings of fact--Dismissal of Civil Petitions for Leave to Appeal--Our analysis began with very object underlying land consolidation--Consolidation proceedings were undertaken to promote better agricultural use of land by reorganizing fragmented holdings into more efficient units--Thus, when consolidation pooled together disparate parcels of land, its primary objective remained “improvement of agricultural operations--Petitioners themselves conceded land in question had lost its agricultural character--It was then an admitted position that land which was once agricultural had been developed with houses and roads, had become part of urban fabric, and stood connected through Lahore Ring Road--This transformation and commercialisation had extinguished very purpose underlying consolidation--It was trite law that once foundational basis was lost, superstructure built upon it could not survive--Accordingly, object of consolidation, namely, advancement of agricultural operations, stood frustrated by subsequent commercialisation of land--It had been brought to our attention by parties, particularly Advocate General, Punjab, that land acquisition proceedings had already been initiated and were presently underway under Land Acquisition Act 1894--This, in itself, gave rise to a significant legal impediment and constituted an independent ground for dismissal of petitions--Once land was earmarked for…