| Citation(s) |
|---|
| 1999 SLG 409 1999 SLD 409 1999 SCMR 1838 |
Supreme Court of Pakistan
Civil Appeal No. 969 of 1994, decision dated: 24-06-1998. (On appeal from the judgment dated 18-4-1993 of the Lahore High Court, Lahore passed in Writ Petition No. 1126 of 1982)
AJMAL MIAN, C.J., SH. RIAZ AHMED AND CH. MUHAMMAD ARIF, JJ
S.M. Zamir Zaidi, Advocate Supreme Court and S. Abul Aasim Jafri, Advocate-on-Record (absent) for Appellant. Sh. Altaf Elahi, Additional Advocate-General, Punjab with Rao Muhammad Yousaf Khan, Advocate-on-Record for
Respondents
Civil Appeal No. 969 of 1994, decision dated: 24-06-1998. (On appeal from the judgment dated 18-4-1993 of the Lahore High Court, Lahore passed in Writ Petition No. 1126 of 1982)
AJMAL MIAN, C.J., SH. RIAZ AHMED AND CH. MUHAMMAD ARIF, JJ
S.M. Zamir Zaidi, Advocate Supreme Court and S. Abul Aasim Jafri, Advocate-on-Record (absent) for Appellant. Sh. Altaf Elahi, Additional Advocate-General, Punjab with Rao Muhammad Yousaf Khan, Advocate-on-Record for
Respondents
VS
PAKISTAN MEMBER, FEDERAL LAND COMMISSION and 2 others
Law:
Section:
Land Reforms Regulation, 1972 (M.L.R. 115)--Paras. 8, 17 & 32(2)(b) --- Resumption of exempted land --- Land earlier exempted from applicability of "Land Reforms Regulation, 1959 (M.L.R. 64), later was resumed with order of Deputy Land Commissioner after promulgation of Land Reforms Regulation, 1972 (M.L.R. 115) --- Application invoking suo motu revisional jurisdiction for setting aside - order of Deputy Land Commissioner was dismissed by Chief Land Commissioner on ground of being barred by time --- Revision filed against of Chief Land Commissioner was dismissed by Federal Land Commission on ground of limitation as well as on merits --- High Court in Constitutional petition noticed plea of appellants to the effect that they were granted exemption from resumption of land being urban land with buildings raised thereon --- High Court, despite finding that plea raised by appellants having not been considered by Federal Land Commission in revision, and order of Federal Land Commission being not sustainable remanded case to Federal Land Commission --- Had High Court considered existence of exemption order, there would have been no need for remanding case to Federal Land Commission --- Repeal of Land Reforms Regulation, 1959 (M.L.R. 64), was to be considered in line with subsequent provisions contained in para.32(2)(b) of Land Reforms Regulation, 1972 (M.L.R. 115) which had saved exemption granted earlier --- Exemption granted to the appellant which was saved under para. 32, Law Reforms Regulation, 1972, therefore, held the field in circumstances. JUDGMENT CH. MUHAMMAD ARIF, J.---The background in which this appeal by leave of the Court against judgment dated 18-4-1993 of the Lahore High Court, Lahore in W.P. No.1126 of 1982 (and W.P.No.1483 of 1982) partly allowing the same by setting aside order dated 19-12-1981 passed by respondent-Member, Federal Land Commission resulting in the revision petition of the present appellant i.e. writ petitioner ?h W. P. No. 1483 of 1982 being deemed to be pending and directing its disposal in accordance with law in the light of the observations made therein, is that the appellant-Roman Catholic Diocese, No. 1, Lawrence Road,…
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