1991 PLP 377 (SCMR)
BASHIR AHMAD and others — Petitioners Versus PUNJAB UNIVERSITY ACADEMIC STAFF ASSOCIATION and others — Respondents
| Citation | 1991 PLP 377 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah, S. Usman Ali Shah, and Naimuddin, JJ |
| Parties | BASHIR AHMAD and others — Petitioners Versus PUNJAB UNIVERSITY ACADEMIC STAFF ASSOCIATION and others — Respondents |
| Primary Law | Displaced Persons (Land Settlement) Act (XLVII of 1958) |
Q1: What are the key laws and sections cited in 1991 PLP 377 (SCMR)?
This judgment primarily cites: Displaced Persons (Land Settlement) Act (XLVII of 1958) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 377 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah, S. Usman Ali Shah, and Naimuddin, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 377 (SCMR) (BASHIR AHMAD and others — Petitioners Versus PUNJAB UNIVERSITY ACADEMIC STAFF ASSOCIATION and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shahzad Jehangir, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record (absent) for Petitioners.
- A.R. Shaukat, Senior Advocate Supreme Court, Dr. Danish Malik, Advocate Supreme Court and M. Aslam Ch., Advocate-on-Record for Respondent No.1.
- Ch. Muhammad Farooq, Advocate Supreme Court and M.A. Qadri, Advocate-on-Record (absent) for Respondent No.2.
- Nemo for Respondents Nos.3 to 13.
- Date of hearing: 4th April, 1990.
- Shahzad Jehangir, Advocate Supreme Court and Mahmood A. Qureshi, Advocate‑on‑Record (absent) for Petitioners.
- A.R. Shaukat, Senior Advocate Supreme Court, Dr. Danish Malik, Advocate Supreme Court and M. Aslam Ch., Advocate‑on‑Record for Respondent No.1.
- Ch. Muhammad Farooq, Advocate Supreme Court and M.A. Qadri, Advocate‑on‑Record (absent) for Respondent No.2.
Headnotes / Summary
(Against the judgment dated 6-4-1988 of the Lahore High Court in Writ Petition No.402/R of 1976).
S. 10(2)
Constitution of Pakistan (1973), Art.185(3)
Land in question had been sold to respondents and was declared as a building site
Allotment of such land to Mukhbars
High Court found that Settlement Authority was incompetent in law to make the allotment to informants as the land in question had been declared as a building site by Notification dated 16th May, 1973
High Court thus, allowed Constitutional petition of respondents against petitioners and set aside allotment in their favour
High Court was right in holding that in the face of the Notification dated 16-5-1973, declaring the urban lands within Municipal limits as "building sites", no allotment of such lands on basis of claimants' units, whether urban or rural, could be made
Leave to appeal was refused in circumstances.
Judgment & Decree
NASIM HASAN SHAH, J.‑‑‑The relevant facts are that an area measuring 207 kanals 13 marlas out of the land in dispute was allotted to one Badar‑ul‑Hassan on 19‑12‑1972 and another area measuring 104 kanals 12 marlas was allotted to one Qureshi Abdur Rchman on 29‑12‑1972. A mukhbari application was filed by Ahmad Khan (respondent No.7), Muhammad Abdul Latif, father of Mst. Noor Jehan (respondent No.5) and Abdus Salam (respondent No.6) alleging that the allotments were obtained illegally and fraudulently. This mukhbari application was accepted by the Additional Settlement Commissioner (Land) with powers of the Chief Settlement Commissioner (Land) (Ch. Faiz Muhammad) vide order dated 25‑3‑1974. The area which stood allotted to Badar‑ul‑Hassan and Qureshi Abdur Rehman was cancelled and it was directed that the same should be allotted to the informants. Accordingly, the land was transferred in their favour on 10‑4‑1974. The petitioners herein are their transferees. The order dated 25‑3‑1974 passed in favour of the predecessor‑in‑interest of the petitioners was challenged through Writ Petition No.402‑R of 1976 by the Punjab University Academic Staff Association and the University of the Punjab whereby the informants were allotted the land becoming available by the setting aside of the allotments to Badar‑ul‑Hassan and Qureshi Mahmud Ahmad on 10‑4‑1974 as the land had in the meanwhile been sold to the University authorities on 29‑3‑1974 under section 10(2) of the Displaced Persons (Land Settlement) Act, 1958. It was alleged that the Additional Settlement Commissioner (respondent No.2) was incompetent in law to make the allotment to the informants as the land in question had been declared as a building site by the Notification dated 16th May, 1973. This writ petition was allowed by the impugned judgment of the High Court dated 6‑4‑1988. Hence this petition for leave. Mr. Shahzad Jehangir has been heard on behalf of the petitioners, who has submitted that the decision of the High Court is wrong. But we are of the opinion that the High Court was right in holding that in the face of the Notification dated 16‑5‑1973 declaring the urban lands within the Municipal Limits etc. as "building sites" no allotment of such lands on the basis of the claimant's units, whether urban or rural, could be made. Hence this petition cannot succeed. Dismissed. A.A./B‑164/S Petition dismissed.