Law:

Section:

Land Reforms Regulations, 1972 [M.L.R 115]-------Para. 29---Land Reforms Act (II of 1977), S.25---Constitution of Pakistan (1973), Art.199---Constitutional petition ---Vires of Notification No.II­1977/LR-1/78, dated 23-9-1978, on the touchstone of S.25, Land Reforms Act, 1977---All pending proceedings relating to scrutiny of alienations initiated in terms of para.29, Land Reforms Regulation, 1972, stood abated under S.25, Land Reforms Act, 1977---Government issuing Notification dated 23-9-1978 whereby proceedings in cases under para.29, Land Reforms Regulation, 1972, pending before Federal Land Commission on commencement of Land Reforms Act, 1977, were not to abate---Validity---Provisions of S.25, Land Reforms Act, 1977 could not be rendered nugatory by invoking rule-making power muchless by issuing Notification by the Government---Said Notification (No.II-1977/LR-1/78 dated 23-9-1978) had already been declared to be ultra vires of the power of Federal Government and thus of no legal effect by Supreme Court in Federal Land Commission v. Sher Muhammad PLD 1990 SC 626---Land Commission had no lawful authority to re-open past and closed matters particularly when proceedings before it stood abated on the promulgation of Land Reforms Act, 1977---Order of Land Commission whereby scrutiny of alienations made by petitioner, was resumed was declared to have been passed without lawful authority and of no legal effect. Federal Land Commission through its Senior Member, Islamabad v. Shair Muhammad and others PLD 1990 SC 626 ref. JUDGMENT RIAZ HUSSAIN J.---This judgment will dispose of Writ Petitions Nos.1972 of 1979, 1973 of 1979 and Writ Petition No. 1974 of 1979 as a common question of law is involved therein. Facts of Writ Petition No. 1972/1979: 2. The factual background of this writ petition is that petitioner No. 1 being owner of land in Mauza Kotli Abdul Fateh, Tehsil and District Multan, proceeded to conclude four mutations of Tamleek the details whereof are given hereunder:-. Muta Kind Date of Aliener Alienee Area PIUS. tion No. attestation A.K.M 83. Tamleek 10-5-1969 Maqbool Ashiq 187.0.8 11558 Hussain Hussain Shahnaz Bano 70.2.3. 4353 Begum. 135. 21-9-1971 Ashiq…

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