Case Details

Citation(s)
2000 SLG 870 2000 SLD 870 2000 SCMR 993 2000 SLD 1282 2000 SCMR 993
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 1855-L of 1999, decision dated: 28-12-1999.
RAJA AFRASIAB KHAN, SH. RIAZ AHMED AND CH.. MUHAMMAD ARIF, JJ

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MUHAMAMAD AFZAL and anothers

VS

MUNSHI KHAN and 11th others

Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)--S.19-..Constitution of Pakistan (1973), Art.l85(3)...Ex post facto sanction for alienation of land under S-19, Colonization of Government Lands (Punjab) Act, 1912---Such sanction was drafted by Board of Revenue and subsequently same was withdrawn---High Court in exercise of Constitutional jurisdiction set aside the order of Board of Revenue, whereby the sanction was withdrawn---Leave to appeal was granted by Supreme Court to consider whether Member (Colonies) in Board of Revenue was competent to grant ex post facto sanction for alienation of land under S.19 of Colonization of Government Lands (Punjab) Act, 1912 could the order canceling the sanction be interfered with by High Court in exercise of its Constitutional jurisdiction, what was the effect of condition governing alienation of land in conveyance deed issued in favour of original allottee, and whether sanction under S.19 of Colonization of Government Lands (Punjab) Act, 1912, was necessary to alienate the land; could Additional Commissioner (Revenue) distribute suit land equally between the concerned parties what was effect of the consent decree, which was obtained when no sanction under S.19 of Colonization of Government Lands (Punjab) Act, 1912, held the field, particularly so when the Provincial Government was not a party in suit and could Member, Board of Revenue grant ex post facto sanction under S.19 of Colonization of Government Lands (Punjab) Act, 1912. Saeed-ur-Rehman Farrukh, Advocate .Supreme Court and Tanvir Ahmed, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 28th December, 1999. ORDER SH. RIAZ AHMED, J.---Leave to appeal is sought against the judgment and order, dated 19-10-1999 delivered by a learned Judge of the Lahore High Court at Multan in Chamber whereby writ petition filed by the respondents was allowed. 2. The facts in brief are that the State land measuring 150 acres and 6 Marlas had been allotted to Nazir Ahmed respondent No. 11 under the Tubewell Sinking Scheme. On 14-1-1973 the respondent Nazir Ahmed entered into an agreement for the sale of this land with the respondents Nos. l to 8. The…
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