1996 PLP 1960 (SCMR)
MUHAMMAD RAMZAN and others‑‑‑Petitioners Versus MEMBER (REVENUE), BOARD OF REVENUE/CHIEF SETTLEMENT
| Citation | 1996 PLP 1960 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saad Saood Jan, Manzoor Hussain Sial and Mukhtar Ahmed Junejo, JJ |
| Parties | MUHAMMAD RAMZAN and others‑‑‑Petitioners Versus MEMBER (REVENUE), BOARD OF REVENUE/CHIEF SETTLEMENT |
| Primary Law | Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)‑‑‑ |
Q1: What are the key laws and sections cited in 1996 PLP 1960 (SCMR)?
This judgment primarily cites: Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 PLP 1960 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saad Saood Jan, Manzoor Hussain Sial and Mukhtar Ahmed Junejo, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 PLP 1960 (SCMR) (MUHAMMAD RAMZAN and others‑‑‑Petitioners Versus MEMBER (REVENUE), BOARD OF REVENUE/CHIEF SETTLEMENT). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- A.R. Shaukat, Senior Advocate Supreme Court and Tanvir Ahmad, Advocate‑on‑Record for Petitioners (in C.P. No.775‑L/94).
- S.M. Zafar, Senior Advocate Supreme Court, Zahid Hussain Khan, Advocate Supreme Court, Ch. Qadir Bux, Advocate Supreme Court, Rana M.A. Qadri, Advocate‑on‑Record for Respondents (in the above).
- Ch. Khalil‑ur‑Rehman, Senior Advocate Supreme Court and Sh. Salahuddin, Advocate‑on‑Record for Petitioners (in C.P. No.869‑L/94).
- Nemo for Respondents.
- A.R. Shaukat, Senior Advocate Supreme Court and M. Aslam Ch., Advocate‑on‑Record for Petitioners (in C.P. No.870‑L/94).
- Ch. Qadir Bux, Advocate Supreme Court and Rana M.A. Qadri, Advocate‑on‑Record for Respondents.
- A.R. Shaukat, Senior Advocate Supreme Court and M. Aslam Ch., Advocate‑on‑Record for Petitioners (in C.P. No.871‑L/94).
- Malik Talib Hussain Awan, Advocate Supreme Court and Mehdi Khan Mehtab, Advocate‑on‑Record for Respondents.
- M. Zainul Abidin, Advocate Supreme Court, Tanvir Ahmad, Advocate -on‑Record for Petitioners (in C.P. No.946‑L/94).
- Ch. Qadir Bux, Advocate Supreme Court and Rana M.A. Qadri, Advocate‑on‑Record for Respondents.
- Raja Dilshad A. Khan, Advocate Supreme Court and S. Abul Aasim Jafri, Advocate‑on‑Record for Petitioners (in C.P. No.950‑L/94).
- Ch. Qadir Bux, Advocate Supreme Court and Rana M.A. Qadri, Advocate‑on‑Record for Respondents.
- Hamid Ali Mirza, Advocate Supreme Court and M. Aslam Ch., Advocate‑on‑Record for Petitioners (in C.P. No.952‑L/94).
- Nemo for Respondents.
- Hamid Ali Mirza, Advocate Supreme Court and M. Aslam Ch., Advocate‑on‑Record for Petitioners (in C.P. No.953‑L/94).
- Hamid Ali Mirza, Advocate Supreme Court and M. Aslam Ch., Advocate‑on‑Record for Petitioners (in C.P. No.954‑L/94).
- Malik Saeed Hasan, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Respondents.
- Hamid Ali Mirza, Advocate Supreme Court and M. Aslam Ch., Advocate‑on‑Record for Petitioners (in C.P. No.955‑L/94).
- Saeed‑ur‑Rehman Farrukh, Advocate Supreme Court and Sh. Salahuddin, Advocate‑on‑Record for Respondents.
- Raja Dilshad Ahmad Khan, Advocate Supreme Court and S. Abul Aasim Jafri, Advocate‑on‑Record for Petitioners (in C.P. No.1006‑L/94).
- Nemo for Respondents.
- Ehsanullah Khan Lillah, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioners (in C. P. No.1082‑L/94).
- Nemo for Respondents.
- Date of hearing: 25th January, 1995.
- A.R. Shaukat, Senior Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioners (in C.P. No.775-L/94).
- S.M. Zafar, Senior Advocate Supreme Court, Zahid Hussain Khan, Advocate Supreme Court, Ch. Qadir Bux, Advocate Supreme Court, Rana M.A. Qadri, Advocate-on-Record for Respondents (in the above).
- Ch. Khalil-ur-Rehman, Senior Advocate Supreme Court and Sh. Salahuddin, Advocate-on-Record for Petitioners (in C.P. No.869-L/94).
- A.R. Shaukat, Senior Advocate Supreme Court and M. Aslam Ch., Advocate-on-Record for Petitioners (in C.P. No.870-L/94).
- Ch. Qadir Bux, Advocate Supreme Court and Rana M.A. Qadri, Advocate-on-Record for Respondents.
- A.R. Shaukat, Senior Advocate Supreme Court and M. Aslam Ch., Advocate-on-Record for Petitioners (in C.P. No.871-L/94).
- Malik Talib Hussain Awan, Advocate Supreme Court and Mehdi Khan Mehtab, Advocate-on-Record for Respondents.
- M. Zainul Abidin, Advocate Supreme Court, Tanvir Ahmad, Advocate -on-Record for Petitioners (in C.P. No.946-L/94).
- Raja Dilshad A. Khan, Advocate Supreme Court and S. Abul Aasim Jafri, Advocate-on-Record for Petitioners (in C.P. No.950-L/94).
- Hamid Ali Mirza, Advocate Supreme Court and M. Aslam Ch., Advocate-on-Record for Petitioners (in C.P. No.952-L/94).
- Hamid Ali Mirza, Advocate Supreme Court and M. Aslam Ch., Advocate-on-Record for Petitioners (in C.P. No.953-L/94).
- Hamid Ali Mirza, Advocate Supreme Court and M. Aslam Ch., Advocate-on-Record for Petitioners (in C.P. No.954-L/94).
- Malik Saeed Hasan, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Respondents.
- Hamid Ali Mirza, Advocate Supreme Court and M. Aslam Ch., Advocate-on-Record for Petitioners (in C.P. No.955-L/94).
- Saeed-ur-Rehman Farrukh, Advocate Supreme Court and Sh. Salahuddin, Advocate-on-Record for Respondents.
- Raja Dilshad Ahmad Khan, Advocate Supreme Court and S. Abul Aasim Jafri, Advocate-on-Record for Petitioners (in C.P. No.1006-L/94).
- Ehsanullah Khan Lillah, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners (in C. P. No.1082-L/94).
- MANZOOR HUSSAIN SIAL, J.---As per details given in the Chart . filed by Mr. Hamid Ali Mirza, Advocate, learned counsel for respondent No. l the lands in dispute were allotted to the petitioners in the year 1992. With the enforcement of Act XIV of 1975 the Evacuee Laws stood repealed with effect from 1-7-1974. Section 3 of the aforesaid Act, relevant to the extent, is re produced hereunder: --
Headnotes / Summary
(On appeal from the judgment dated 27‑6‑1994 of the Lahore High Court, Lahore in Writ Petition Nos. 142/R/93, 146/R/93, 148/R/93, 147‑R/93, 69‑R/94, 251‑R/93, 124‑R/94, 125‑R/94, 126‑R/94, 237‑R/93, 156‑R/94, 14 R/94). ‑‑‑‑S. 3‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Allotment of evacuee property in question, to petitioners in 1992‑‑‑Evacuee laws however, stood repealed with effect from 1‑7‑1974‑‑‑All available evacuee properties, after such date, stood transferred to Provincial Government for disposal in accordance with the scheme prepared by Authorities‑‑‑Leave to appeal was granted to consider whether allotments of evacuee properties made to petitioners in 1992, were valid in law.
Judgment & Decree
MANZOOR HUSSAIN SIAL, J.
As per details given in the Chart . filed by Mr. Hamid Ali Mirza, Advocate, learned counsel for respondent No. l the lands in dispute were allotted to the petitioners in the year 1992. With the enforcement of Act XIV of 1975 the Evacuee Laws stood repealed with effect from 1-7-1974. Section 3 of the aforesaid Act, relevant to the extent, is re produced hereunder: -- "
3. Transfer of property.--(1) All properties, both urban and rural, including agricultural land, other than such properties attached to charitable, religious or educational trusts or institutions, whether occupied or unoccupied, which may be available for disposal immediately before the repeal of the aforesaid Acts and Regulations, or which may become available for disposal after such repeal as a result of a final order passed under subsection (3) of section 2, shall stand transferred to the Provincial Government on payment of such price as may be fixed by the Federal Government in consultation with the Provincial Government for disposal-- (a) in the case of urban properties by the Provincial Government under a scheme to be prepared by it in this behalf; and (b) in the case of rural properties, by the Board of Revenue of the Province under a scheme to be prepared by the Provincial Government in this behalf."
2. It appears that after 1st July, 1974, all available evacuee properties, both urban and rural, stood transferred to the Provincial Government for disposal in accordance with the scheme prepared by the authorities concerned.
3. Leave to appeal is granted in these cases, inter alia, to consider whether the allotments of evacuee lands made to the petitioners in the year 1992 are valid in law. A.A./M-3013/S Leave granted