| Citation(s) |
|---|
| 1995 SLG 1007 1995 SLD 1007 1995 CLC 583 |
Lahore High Court
Writ Petition No. 6398 of 1993, decided 14-12-1994, hearing DATE : 20-11-1994
MUNIR A. SHEIKH, J
Syed Jamshed Ali for Petitioner. Hamid Ali Mirza for
Respondents
Writ Petition No. 6398 of 1993, decided 14-12-1994, hearing DATE : 20-11-1994
MUNIR A. SHEIKH, J
Syed Jamshed Ali for Petitioner. Hamid Ali Mirza for
Respondents
Syed MUHAMMAD IQBAL SHAH
VS
MEMBER, BOARD OF REVENUE and 4 others
Law:
Section:
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-------S. 10---Colonization of Government Lands (Punjab) Act (V of 1912), S.10---Constitution of Pakistan (1973), Art. 199---Constitutional petition--Valuable evacuee property got allotted by swindlers fraudulently, was unearthed and retrieved by the efforts of petitioner who was, recommended to be suitably rewarded in a letter addressed to Board of Revenue by the then Governor/Martial Law Administrator---Reward was worked out as one per cent of the retrieved property and Deputy Commissioner was directed to specify State land which was to be sold to petitioner in lieu of reward--Subsequently through another letter earlier letters were withdrawn and petitioner's case was recommended to Chief Settlement Commissioner/Board of Revenue for considering petitioner's case and allotting him land from compensation pool---Validity---Chief Executive (Governor) of the Province having agreed to the proposal of Chief Settlement Commissioner to transfer State land to petitioner as reward instead of compensating him from compensation pool and relevant Authorities including Board of Revenue having issued orders and directions for transfer of State land to petitioner of the value of reward, Board of Revenue was not vested with any power to subsequently set aside policy decision of Governor and issue fresh instructions---All functionaries of the Government in the Province were bound to obey the order of the Chief Executive (Governor) and act in accordance therewith---Subsequent order of Board of Revenue was wholly devoid of legality---Provincial Government having promised to transfer State land as reward to petitioner in the year 1971-72 could not now turn round and withdraw the same for valuable rights had accrued to petitioner---Subsequent order of Board of Revenue to deprive petitioner of the benefit of reward was set aside and direction was issued to it to complete the process of transfer of land to petitioner within three months. JUDGMENT In this Constitutional petition, the petitioner seeks declaration that order dated 6-6-1993 issued by the learned Member (Colonies), Board of Revenue, Punjab, Lahore…
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