Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 10,29,11

(a) Constitution of Pakistan (1973)--Art.185(3)--Colonization of Government Lands (Punjab) Act (V of 1912), Ss. 10 & 29--Special horse breeding grant--Leave to appeal granted to examine question whether Provincial Government could resume leases of lessees without hearing them. (b) Colonization of Government Lands (Punjab) Act (V of 1912)-- ---Ss.10, 11 & 29--Special horse breeding grant--Conditions--Renewal of leases subject to good performance as to breeding of horses as well as due compliance of terms and conditions of grant with powers to resume tenancy on expiry of term vesting in Government--Lessees enjoying grants by virtue of their long stay on lands and alleged improvements made thereon and having a valuable interest in-renewal of leases in their favour--Relevant functionaries having powers to renew such grants on renewal applications by lessees--Renewal of grant refused on ground of lessees having bad record of which they were not given any notice nor provided any opportunity of defending themselves--Held, such decision was clearly adverse to lessees and reflected upon their performance as breeders and in this view of matter lessees were entitled to be given opportunity to defend themselves before passing any such order--Refusal to renew grant without opportunity of being heard, therefore, was clearly against principles of natural justice, void and unlawful.--[Natural justice, principles of]. Sub. Muhammad Asghar v. Safia Begum P L D 1976 S C 435 ref. A.K. Borhi, Senior Advocate Supreme Court instructed by Fazal-e-Hussain, Advocate-on-Record for Appellants. Zia Mahmood Mirza, Advocate Supreme Court instructed by Taufiq Ahmad Qureshi, Advocate-on-Record (absent) for the Government of Pakistan. M.A. Bajwa, Advocate Supreme Court instructed by Ejaz Ahmad Khan, Advocate-on-Record for the Government of the Punjab. Dates of hearing: 11th and 12th April, 1983. JUDGMENT S.A. NUSRAT, J.-- These are two sets of appeals filed by each one of the appellants challenging the judgments passed by a learned judge of the Lahore High Court in chambers, dated 3-4-1973, whereby the Constitution petitions of the appellants were only partly allowed, and the judgments,…

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