| Citation(s) |
|---|
| 2008 SLG 2142 2008 SLD 2142 2008 CLC 467 |
Lahore High Court
MAULVI ANWARUL HAQ AND SYED ASGHAR HAIDER, JJ
Mehr Nasir Hussain for Petitioners. Ch. Rizwan Mushtaq, A.A.G. for
Respondents Nos. 1 to 4. Ch. Khurshid Ahmad for
Respondents
MAULVI ANWARUL HAQ AND SYED ASGHAR HAIDER, JJ
Mehr Nasir Hussain for Petitioners. Ch. Rizwan Mushtaq, A.A.G. for
Respondents Nos. 1 to 4. Ch. Khurshid Ahmad for
Respondents
KHANMUHAMMAD and 6 otherss
VS
FEDERAL LAND COMMISSION through Senior Member, Islamabad and 6 others
Law:
Section:
Land Reforms Act (II of 1977)--- ----S. 3---Punjab Land Reforms Rules, 1972, R.12---Constitution of Pakistan (1973), Art.199---Constitutional petition---Resumption of land---Cut-off date---Effect---Respondents were owners of land in question and Federal Land Commission found their holdings within the ceiling of 8000 Produce Index Units---Petitioners being tenants of land in question filed review application which was allowed and order of Federal Land Commission was reviewed but subsequently same was restored by appellate Authority---Validity---Held, it was a matter of record that till 23-3-1990, no decisive steps were taken in the matter and no land was resumed---No occasion arose for self-executory provisions of M.L.R. 115 or Land Reforms Act, 1977, to come into play---Review application itself was filed almost ten years after the cut off date laid down by Supreme Court---Orders impugned before Senior Member Federal Land Commission were wholly without jurisdiction---Chief Land Commissioner had observed that petitioners had no locus standi to file review application, who supported and upheld the order of Deputy Land Commissioner with reference to R.12(3) of Punjab Land Reforms Rules, 1972---Power of review under proviso to R.12(3) of Punjab Land Reforms Rules, 1972, had come to an end on 30-4-1975 and ceased to be effective more than 25 years before passing review order---High Court in exercise of constitutional jurisdiction declined to interfere with the order passed by Federal Land Commission---Petition was dismissed in circumstances. Qazalbash Waqf and others v. Chief Land Commissioner, Punjab, Lahore and others PLD 1990 SC 99 fol. JUDGMENT MAULVI ANWARUL HAQ, J.--- This judgment shall decide Writ Petition No.9258 of 2001 and Writ Petition No.431 of 2003 as both the writ petitions proceed against the same impugned order passed by a Senior Member, Federal Land Commission, Islamabad. 2. The facts of the case as gleaned from an examination of the writ petitions and the written statements filed by the private respondents are that upon the promulgation of MLR-115, Abdul Qayyum Khan respondent No.5 filed a declaration. Proceedings were conducted by the Deputy Landβ¦
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