Law:

Section:

(a) Constitution of Pakistan (1962), Art. 58 (3) leave to appeal to Supreme Court-Granted on the ground that the matter whether "Lakes" fell within ambit of the West Pakistan Land Reforms Regulation, 1959. (b) West Pakistan Land Reforms Regulation, 1959, para. 4(6) Dispute whether "lakes" were included in "land" which Government as entitled to resume under Regulation-Land Commission entitled to decide the dispute-[Decision treated lakes as land which was to be 60aallowed for in terms of produce index units at a certain rate]. (c) West Pakistan Land Reforms Rules, 1959, r. 11-Review­Period of limitation, viz. "10 days", applies only to an application by an interested party, and not to suo motu review. (d) West Pakistan Land Reforms Regulation, 1959, para. 14 read with para. 27 - (Choice of owner to retain particular parcel of his estate)-"Lakes" forming part of estate but decision not taken by Land Commissioner whether "lakes" were "land" within scope of Regulation-Owner reserving his right to claim to certain "lakes" by way of exchange if and when Land Commission decides the question-Use of expression "exchange" cannot determine relief owner may claim under law ­Owner may revise his choice of land in such case-Selection entirely at option of owner-Existence of "joint rights" in land retained not a factor operative against such option-Immunity granted by para. 27 to orders made under Regulation extends only to such orders as are made "in accordance with Regulation in its relevant provisions"-Constitution of Pakistan (1962), Art. 98­ High Court has jurisdiction to declare an order as made without lawful authority, which is not "in accordance" with Regulation. [pp. 609, 610, 611 ] D, E, F, G, H & I Qureshi Mahmud Ahmad, Advocate Supreme Court, instructed by Wali Muhammad Senior Attorney (absent) for Appellant. JUDGMENT CORNELIUS, C. J.-The facts of the case out of which this appeal by special leave arises may be stated as follows. In compliance with a notification by the Land Commission set up under Martial Law Regulation No. 64 (the West Pakistan Land Reforms Regulation), the appellant Nawab Haji Khair Muhammad Khan, who was owner of extensive estates in the…

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