1987 PLP 2034 (SCMR)
THE CHIEF SETTLEMENT COMMISSIONER, PUNJAB and others‑‑Petitioners Versus MUHAMMAD SARWAR and others‑‑Respondents
| Citation | 1987 PLP 2034 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Shafiur Rahman, Javid Iqbal and Saad Saood Jan, JJ |
| Parties | THE CHIEF SETTLEMENT COMMISSIONER, PUNJAB and others‑‑Petitioners Versus MUHAMMAD SARWAR and others‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑ |
Q1: What are the key laws and sections cited in 1987 PLP 2034 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 2034 (SCMR)?
The case was heard and decided by the High Court bench comprising: Shafiur Rahman, Javid Iqbal and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 2034 (SCMR) (THE CHIEF SETTLEMENT COMMISSIONER, PUNJAB and others‑‑Petitioners Versus MUHAMMAD SARWAR and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Maqbul Ilahi Malik, Advocate Supreme Court and Raja Abdur Razzaq, Advocate‑on‑Record for Petitioners.
- Nemo for Respondents
- Date of hearing: 29th July, 1987.
Headnotes / Summary
(On appeal from the order, dated 29‑3‑1980 of the Lahore High Court in Writ Petition No. 997‑R of 1973). ‑‑‑Arts. 185(3) & 199‑‑Legality of Memorandum of Chief Settlement Commissioner withdrawing earlier memorandum reducing prices of building sites challenged in writ petition before High Court which declared the subsequent memorandum to be of no legal effect‑‑Sole point taken in support of petition that earlier memorandum was issued by Settlement Commissioner (Policy) without approval of Chief Settlement Commissioner found not acceptable for reasons, inter alia, that there was specific recital in memorandum that it incorporated an order of Chief Settlement Commissioner‑‑Settlement Department waiting for more than four years before disowning the memorandum‑‑Relevant file not shown to Court‑‑Case, held, not a fit one for interference‑ Leave to appeal refused.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑By a memorandum dated 30‑11‑1971 the office of the Chief Settlement Commissioner withdrew an earlier memorandum dated 26‑9‑1967 whereby the prices of different categories of Building Sites situate in Model Town, Faisalabad were reduced. The respondents who had obtained permanent transfer deeds were called upon to pay the higher prices They challenged the legality of the memorandum dated 30‑11‑1971 in writ jurisdiction in the High Court. The High Court accepted their petition and declared the memorandum of 30‑11‑1971 to be of no legal effect. The Chief Settlement Commissioner seeks leave to appeal from the order of the High Court.
2. The only point taken in support of this petition is that the momorandum of 26‑9‑1967 had been issued by the Settlement Commissioner (Policy) without the approval of the Chief Settlement Commissioner. It is difficult to accept this assertion for a number of reasons. There is a specific recital in the memorandum that it incorporated an order of the Chief Settlement Commissioner. The Settlement Department waited for more than four years before disowning the memorandum. The relevant file relating to the issuance of the memorandum has not been shown to us. In the circumstances we do not think this is a fit case for interference by this Court. Leave to appeal is refused. S. Q./C‑9/S Leave refused.