Case Details

Citation(s)
1989 SLG 1919 1989 SLD 1919 1989 SCMR 1790
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.472 of 1984, decision dated: 13-03-1989.(On appeal from the judgment, dated 6-02-1984 in Writ Petition No.474 of 1984 by the Lahore High Court, Lahore)
MUHAMMAD AFZAL ZULLAH, JAVID IQBAL AND USMAN ALI SHAH, JJ
Ch. Qadir Bakhsh, Advocate, instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioners. Nemo for
Respondents.

Syed QURBAN HUSSAIN SHAH and another

VS

MEMBER, (CONSOLIDATION), BOARD OF REVENUE, PUNJAB, LAHORE and 3 others

Law:

Section:

West Pakistan Consolidation of Holdings Ordinance (VI of 1960)---S.13--Constitution of Pakistan (1973), Art. 185(3)--Petitioners were given about three times the area of their own land, in class 1V quality land against their claim of consolidation--Petitioners improved the land in the very beginning--After about two decades the area given to petitioners was withdrawn and their own land was returned--Held, improvements were made in the very beginning and the petitioners had reaped benefits from extra land so improved for a long period as compared to their land which was much less; improvements made by them; if any thus got compensated by the income and benefit they had derived from additional land for such a long time--Leave to appeal refused. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought in a consolidation matter, against the dismissal by the High ,Court of petitioners' Constitutional petition. As stated by the learned counsel according to original claim of consolidation the petitioners were given about three times the area of their own land but it was a Class-IV quality land. It happened in 1965. During the proceedings till now (the details of which are not necessary for the disposal of this petition), the area so given to the petitioners has been withdrawn and they have been returned their own land. Undoubtedly…
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