| Citation(s) |
|---|
| 1989 SLG 1936 1989 SLD 1936 1989 SCMR 1811 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 442 of 1985, decision dated: 22-03-1989.(On appeal from the judgment dated 22-04-1985 of the Lahore High Court in Writ Petition No. 3171/83)
MUHAMMAD AFZAL ZULLAH AND SAAD SAOOD, JAN, JJ
Ch. Muhammad Ashraf Azim, Advocate instructed by Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners. M. Akhtar, Additional Advocate General with Abdus Samad Hashm, Advocate for
Respondents Nos. 1 to 3. Tanvir Ahmad, Advocate-on-Record for Respond
Civil Petition for Leave to Appeal No. 442 of 1985, decision dated: 22-03-1989.(On appeal from the judgment dated 22-04-1985 of the Lahore High Court in Writ Petition No. 3171/83)
MUHAMMAD AFZAL ZULLAH AND SAAD SAOOD, JAN, JJ
Ch. Muhammad Ashraf Azim, Advocate instructed by Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners. M. Akhtar, Additional Advocate General with Abdus Samad Hashm, Advocate for
Respondents Nos. 1 to 3. Tanvir Ahmad, Advocate-on-Record for Respond
MUHAMMAD SHAFI and others
VS
THE MEMBER (COLONIES), BOARD OF REVENUE, PUNJAB, LAHORE and others
Law:
Section:
Colonization of Government Lands (Punjab) Act (V of 1912)--S. 10--Constitution of Pakistan (1.973), Art. 185 (3)--Ejected Tenants Scheme-Allotment and grant of proprietary rights under the Scheme--Denial of proprietary rights to tenant when at the time of allotment land did not fall within Charagah area but formed part of Baqaia Sarkar--Leave to appeal was granted to examine whether the condition regarding the land being within five miles limit of city was not applicable; that no doubt a part of the land was sought to be utilized for constructing a school building but the site thereof had been shifted to some other place. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the lessees of Government owned land, against the dismissal of their writ petition by the High Court. It had arisen out of dispute relating to the allotment under the Ejected Tenants Scheme to the petitioners and their consequential claim for grant of proprietary rights which stands denied to them, therefore, they have sought leave to appeal. In some other similar cases leave to appeal has been granted. The learned counsel, inter alia has contended that the condition regarding the land being within 5 miles limit of Sargodha City is not…
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