| Citation(s) |
|---|
| 1983 SLG 155 1983 SLD 155 1983 SCMR 867 |
Supreme Court of Pakistan
Civil Petition No. 192 R of 1976, decision dated: 19-09-1977.(On appeal from the judgment and order dated 16-07-1976 of the Lahore High Court Lahore in Writ Petition No. 1520 of 1974)
MUHAMMAD YAQUB ALI, C.J., WAHEEDUDDIN AHMAD AND DORAB PATEL, JJ
Talib Hussain Rizvi instructed by Ch. Fazl-i-Hussain, Advocate on-Record for Petitioner. Mushtaq Ahmad, Advocate on-Record for
Respondents Nos. 1 to 10
Civil Petition No. 192 R of 1976, decision dated: 19-09-1977.(On appeal from the judgment and order dated 16-07-1976 of the Lahore High Court Lahore in Writ Petition No. 1520 of 1974)
MUHAMMAD YAQUB ALI, C.J., WAHEEDUDDIN AHMAD AND DORAB PATEL, JJ
Talib Hussain Rizvi instructed by Ch. Fazl-i-Hussain, Advocate on-Record for Petitioner. Mushtaq Ahmad, Advocate on-Record for
Respondents Nos. 1 to 10
FEDERAL LAND COMMISSION
VS
Mian GHULAM QADIR AND 10 OTHERS
Law:
Section:
Land Reforms Regulation, 1972 [M. L. R. 115)--- Para. 12 (1) (b) Declaration in respect of excess land Words, "whichever shall be greater" in para. 12 (1) (b) interpretation ¬Owner of land required to file declarations only when area of land owned, by them exceeds 150 acres of irrigated land Interpretation of statutes Duty of Court to give effect to language of statute ¬When no ambiguity exists therein Penal provision of statute To be construed strictly and in favour of subject. [Interpretation of statutes]. ORDER DORAB PATEL, J. This petition for leave has been filed to challenge the construction placed at paragraph 12(1) of M. L. R 115 (hereafter called the said Regulation) by the Lahore High Court. The relevant facts are that the first ten respondents (hereafter. Called the owners) own land in the Sheikhupura District in the Punjab, but as none of them own land in excess of the limit prescribed under paragraph 8 of the said Regulation, their lands were not liable to acquisition, therefore, did not file any declaration under paragraph 12 of the said Regulation. As according to the petitioner this was in breach of the provision of the said paragraph, in the events that happened on a suo motu provision, the Chairman of the petitioner held by his order dated 24 11 1974 that the owners had infringed the mandatory provisions of the said Regulation and directed their pro. section. The owners challenged this order in a writ petition in the Lahore High Court and as that petition was allowed by a Division Bench of the Lahore High Court by its judgment dated 16 7 1976 the petitioner has filed this petition for leave. Paragraph 12(1)(b) of` the" said Regulation, on which Mr. Rizvi relies, reads. "A Commission may, by order published in the official Gazette, direct the following classes of persons to submit to such authority, in such manner and form and by such date, as may be specified in the order, the following declaration (a) .............................. (b) declarations by persons who on 20th December, 1971, owned or possessed an area in excess of twelve thousand produce index units calculated on the basis of classification of soil as entered in the revenue…
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