| Citation(s) |
|---|
| 2003 SLG 629 2003 SLD 629 2003 SCMR 1355 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 1296-L of 2002, decision dated: 13-05-2002
JAVED IQBAL AND TANVIR AHMAD KHAN, JJ
Ali Akbar Qureshi, Advocate Supreme Court and Mehmood-ulIslam, Advocate-on-Record for Petitioners. Ras Tariq Ch., Advocate Supreme Court for
Respondents
Civil Petition for Leave to Appeal No. 1296-L of 2002, decision dated: 13-05-2002
JAVED IQBAL AND TANVIR AHMAD KHAN, JJ
Ali Akbar Qureshi, Advocate Supreme Court and Mehmood-ulIslam, Advocate-on-Record for Petitioners. Ras Tariq Ch., Advocate Supreme Court for
Respondents
KHYZER HAYAT and 96 others
VS
MEMBER (CONSOLIDATION), BOARD OF REVENUE, PUNJAB, LAHORE and others
Law:
Section:
West Pakistan Consolidation of Holdings Ordinance (VI of 1960)--- ----S. 10---Constitution of Pakistan (1973); Art. 185(3)---Consolidation scheme---Classification of land, non-assailing of---Consolidation scheme confirmed by Revenue Authorities---Such order 'was assailed by the petitioners before High Court in Constitutional petition, wherein High Court declined to interfere with the scheme---Plea raised by the petitioners for re-consolidation of village was that the classification of land was incorrect---Validity---Alleged incorrect classification was never challenged by any of the right holders before the appropriate forum at opportune moment---If any of the right holders was aggrieved of the classification, he would have challenged the same---Since no right holder had come forward for the redressal of his grievance, only inference would be that the consolidation was neither prejudicial nor had adversely affected the rights of right holders---Process of consolidation was not only exhaustive but also time consuming which could neither be undertaken time and again without sufficient justification nor annulled on the basis of few minor lapses---Any omission or error could be rectified by approaching the quarter concerned available in the revenue hierarchy---Re-consolidation depended upon the wishes of majority subject to all legal exceptions for which the proper forum could be approached---Supreme Court declined to interfere with the Consolidation Scheme confirmed by the Authorities---Leave to appeal was refused. ORDER JAVED IQBAL, J.---This petition for leave to appeal is directed against judgment, dated 8-4-2002 passed by learned Lahore High Court, Lahore whereby the writ petition preferred on behalf of petitioner has been dismissed and orders passed by learned Member, Board of Revenue, dated 23-10-1990 and 31-5-1993 were kept intact. 2. Briefly stated the facts of the case as .enumerated in the impugned judgment are "that the consolidation operations in village Thatha Kalian, Tehsil and District Hafizabad were taken up in the year 1957 and the scheme was confirmed on 11-2-1957. The Collector (Consolidation) moved the Board of Revenue for second consolidation…
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