| Citation(s) |
|---|
| 2007 SLG 1539 2007 SLD 1539 2007 SCMR 1950 |
Supreme Court of Pakistan
Civil Petitions Nos.430 and 699-L of 2001, decision dated: 19-10-2006. (Against the judgment, dated 1-12-2000 passed by Lahore High. Court, Lahore, in Civil Revision No.5394 of 1984)
FALAK SHER AND SYED, JAMSHED ALI, JJ
Zahid Hussain Khan, Advocate Supreme Court for Petitioners (in both cases). Nemo for
Respondents (in both cases)
Civil Petitions Nos.430 and 699-L of 2001, decision dated: 19-10-2006. (Against the judgment, dated 1-12-2000 passed by Lahore High. Court, Lahore, in Civil Revision No.5394 of 1984)
FALAK SHER AND SYED, JAMSHED ALI, JJ
Zahid Hussain Khan, Advocate Supreme Court for Petitioners (in both cases). Nemo for
Respondents (in both cases)
MUHAMMAD HAYAT and otherss
VS
MEMBER (CONSOLIDATION) BOARD OF REVENUE and others
Law:
Section:
West Pakistan Consolidation of Holdings Ordinance (VI of 1960)--- ----S. 13---Constitution of Pakistan (1973), Art.185(3)---Consolidation of holdings---Unless there was deficiency in the entitlement of a right holder; adjustment or allocation of land in consolidation had never been. .considered to be a fit subject matter for being examined and adjudicated upon in constitutional jurisdiction---Land-owners could not possibly get the entire .previously owned land or land of their choice as certain adjustments were inevitable to give effect to the object of consolidation of holdings---Petition for leave to appeal was dismissed. JUDGMENT SYED JAMSHED ALI, J. --- This judgment will dispose of Civil petitions Nos.430 and 699-L of 2001. In both these cases leave is sought against the judgment, dated 1-12-2000 of the learned Lahore High Court dismissing Writ Petition No.5394 of 1984. 2. Today, only C.P. No.699-L of 2001 was listed .which is barred by time. The learned counsel for the -Petitioners pointed out that C.P. No.430-L of 2001 was also directed against the same impugned judgment of the High Court and it would be in the interest of justice and to avoid conflict of decision that the two cases are heard together. We accordingly requisitioned the file of C.P. No.-430-L of 2001. 3. The learned counsel for the -Petitioners submits that the consolidation scheme was confirmed in 1973 while the appeal before the Additional Deputy Commissioner was filed in 1983, after about 10 years, which was dismissed and, therefore, the learned Additional Commissioner ought not to have interfered because meanwhile the -Petitioners had madeβ¦
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