Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)------S. 10---Constitution of Pakistan (1973), Art.199---Constitutional petition---Kala Base Evictees---Principle of res judicata---Applicability---Two rounds of litigation had taken place between the parties and the matter vas finally resolved by Supreme Court interpreting the provisions of notification issued by Board of Revenue regarding conferment of proprietary rights to Kala Base Evictees--Provincial Government, after the pronouncement or the of Supreme Court, again issued a clarification of the notification---Validity - Matter decided by Supreme court could not be re-agitated before High Court in exercise of Constitutional jurisdiction---Clarification by Provincial Government after the decision of Supreme Court bordered on contempt---In view of the recorded by Supreme Court and its observations such matter was res judicata---Such clarification of notification by Provincial Government was an attempt to circumvent a conclusive adjudication of the issue up to the level of Supreme Court---Petition was dismissed with costs in circumstances. Col. (R) Syed Mukhtar Hussain v. Chairman, Federal Land Commission, Islamabad and 3 others 2004 CLC 1019 and Government of the Punjab through Chief Secretary v. Khadim Hussain 1999 SCMR 1639 ref. Sardar Manzoor. Ahmad Khan for Petitioners. Zafarullah Khan Khakwani, A.A.-G. for Respondents Nos.1 and 2. Syed Athar Hassan Bukhari for Respondents Nos.3 to 10. Ch. Muhamrnad Iqbal Ghazi for Respondents Nos. 11 to 40. Date of hearing: 16th June, 2005. JUDGMENT According to the contents of this writ petition the petitioners are in cultivating possession of the suit-land in question since 1929. In the year 1941, Government acquired land temporarily in four villages of Jhelum to establish a Military Base known as Kala Base. The evictees of the said villages were leased out the suit-land in question. It has been stated that the physical possession was not delivered but the evictees were getting share of produce from the petitioners. In January, 1947, 3097 acres of the land was restored and remaining was permanently acquired and some cash compensation was given vide award dated…

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