| Citation(s) |
|---|
| 1991 SLG 609 1991 SLD 609 = 1991 PLD 1114 |
Supreme Court of Pakistan
Civil Appeals Nos. 312 and 313 of 1988, decided 18-08-1991.
MUHAMMAD AFZAL ZULLAH, C.J. AND ABDUL SHAKURAL SALAM, J
Muhammad Rashid Chughtai, Advocate Supreme Court and SAM Aasim Jafari, Advocate-on-Record for Appellants (in Civil Appeal No. 312 of 1988).Irfan Qadir, Addl. A.G., Gulzar Ahmed Qureshi, Advocate Supreme Court and Rao Muhammad Yousaf Khan, Advocate-on-Re
Civil Appeals Nos. 312 and 313 of 1988, decided 18-08-1991.
MUHAMMAD AFZAL ZULLAH, C.J. AND ABDUL SHAKURAL SALAM, J
Muhammad Rashid Chughtai, Advocate Supreme Court and SAM Aasim Jafari, Advocate-on-Record for Appellants (in Civil Appeal No. 312 of 1988).Irfan Qadir, Addl. A.G., Gulzar Ahmed Qureshi, Advocate Supreme Court and Rao Muhammad Yousaf Khan, Advocate-on-Re
SOHNA and others vsSENIOR MEMBER, FEDERAL LAND COMMISSION, RAWALPINDI and others
Law: Land Reforms Regulation, 1972
Section: Para. 8
Law: Constitution of Pakistan 1973
Section: 185 (3)
(a) Land Reforms Regulations, 1972 [MLR 115]----- Para. 8 --- Constitution of Pakistan (1973), Art. 185 (3) --- Leave to appeal was granted to examine the question, whether the agricultural land which was irrigated through tube well was to be treated as Chahi Nehri or Nul Chahi for purpose of computing the Produce Index value thereof.(b) Land Reforms Regulations, 1972 [MLR 115] ------- Para. 8---Land Record Manual, para. 7.49 ---- Instructions issued by Punjab Land Commission, Instruction No. 6 --- Tubewell irrigation --- Term "Nul Chahi irrigation"---Connotation --- Nul Chahi irrigation is a separate classification under Land Record Manual --- Several species of Chahi irrigation existed and Chahi was genus in the context of the case --- Tube well irrigation has been prescribed in the relevant booklet of instructions in the form of Chahi Irrigation.--[Words and phrases].Whether it is tube well irrigation or ordinary well irrigation, it remains irrigation through a well-- one is operated by animal force and the other by electrical or other motor force. There can be other forms and species of wells some of which can be seen on the irrigated lands near the banks of rivers and rivulets. Thus there are various forms of Chahi irrigation and tube well is only one of them. And if it is in vernacular described in the Land Records Manual as Nul Chahi it will not make any difference because the other well-known Chahi irrigation is through a contrivance which is known as Rahat. There might be some other names for other types of Chahi irrigation.JUDGMENT MUHAMMAD AFZAL ZULLAH, C.J.---These appeals through leave of this Court are directed against a judgment of the Lahore High Court, whereby a Constitutional (Writ) Petition filed by Sohna and others (appellants in CA 312/88) relating to a case purporting to have been dealt under the Land Reforms Regulation, was dismissed. Both the Punjab Land Commission as well as said Sohna and others felt aggrieved and their petitions for leave to appeal were allowed to examine the question: whether, the agricultural land which is irrigated through tubewell is to A be treated as Chahi Nehri or Nul Chahi for purpose of computing…