Law: West Pakistan Consolidation of Holdings Ordinance (VI of 1960)

Section: 9, 10, 11, 13

Law: Constitution of Pakistan, 1973

Section: 199, 4

(a) West Pakistan Consolidation of Holdings Ordinance (VI of 1960) Ss. 9, 10, 11 & 13---Consolidation of holdings---Prerequisites and procedure for the preparation of scheme stated. The Consolidation of Holdings Ordinance, 1960 provides for the prerequisites and procedure for consolidation to be followed by the Consolidation Officer who prepares the scheme, if agreed to by the landowners or to prepare a scheme by himself in view of section 9 of the Ordinance. Before approving the scheme, he has, however, to publish the same for objections by any person interested and after considering such objections the scheme is to be confirmed under section 10(3) of the Ordinance. The aggrieved parties then are left to avail remedies of appeal or revision provided by sections 11 and 13 of the Ordinance. The scheme of the law indicates the importance of consent and consensus of the landowners. (b) West Pakistan Consolidation of Holdings Ordinance (VI of 1960) Ss. 9 & 10---Constitution of Pakistan (1973), Art.199---Constitutional petition---Consolidation of holdings---Preparation of scheme---Interference of Chief Minister's Secretariat---Scheme was prepared by the Authorities under the direction of the Chief Minister's Secretariat as Member of Provincial Assembly required the same to be done---Validity---Statutory functionaries alone were competent to pass order in respect of consolidation schemes, under the provisions of Consolidation of Holdings Ordinance, 1960---Minister for consolidation had not been conferred with any authority in that regard and he was not permitted to interfere either directly or indirectly in judicial/quasi-judicial proceedings finalized by the Competent Authorities under the Consolidation of Holdings Ordinance, 1960-- Consolidation proceedings initiated on the directive issued by Chief Minister's Secretariat had no lawful authority and were illegal as the same could not be regarded as fair and independent exercise of statutory powers-- High Court directed the petitioners to apply for consolidation in accordance with law and the Authorities were ordered to process the proceedings in a just and fair manner uninfluenced by any…