2015 PLP 1000 (SCMR)
PROVINCE OF PUNJAB through DFO, Forest Department, Attock — Petitioner Versus MEMBER, FEDERAL LAND COMMISSION, ISLAMABAD and others — Respondents
| Citation | 2015 PLP 1000 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Jawwad S. Khawaja, Ijaz Ahmed Chaudhry and Maqbool Baqar, JJ |
| Parties | PROVINCE OF PUNJAB through DFO, Forest Department, Attock — Petitioner Versus MEMBER, FEDERAL LAND COMMISSION, ISLAMABAD and others — Respondents |
| Primary Law | Land Reforms Act (II of 1977) |
Q1: What are the key laws and sections cited in 2015 PLP 1000 (SCMR)?
This judgment primarily cites: Land Reforms Act (II of 1977) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2015 PLP 1000 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Jawwad S. Khawaja, Ijaz Ahmed Chaudhry and Maqbool Baqar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2015 PLP 1000 (SCMR) (PROVINCE OF PUNJAB through DFO, Forest Department, Attock — Petitioner Versus MEMBER, FEDERAL LAND COMMISSION, ISLAMABAD and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mudassar Khalid Abbasi, A.A.-G., Shahzad Mohsin, Naib Tehsildar, Altaf Hussain, Patwari and Shahid Miskeen, LDC for Petitioner.
- Hafiz Hifzur Rehman, Advocate Supreme Court for Respondent No.1.
- Muhammad Waris Khan, Advocate Supreme Court for Respondents Nos.2 to 14.
- Date of hearing: 10th March, 2015.
Headnotes / Summary
(On appeal against the judgment dated 19-11-2013 passed by the Lahore High Court, Rawalpindi Bench in Writ Petition No.3678 of 2001)
S. 17
Land resumed by Federal Land Commission
Transfer of such land to Provincial Forest Department vide mutation
Cancellation of mutation/transfer
Scope
Under the Land Reforms Act, 1977, the land in question was resumed, whereafter vide a mutation it was transferred to the Provincial Forest Department
Subsequently, suo motu action was taken by the Federal Land Commission and the transfer of the resumed land to the Provincial Forest Department was cancelled
Without giving any valid reasons, the Member Land Commission proceeded to cancel a past and closed transaction whereby the land in question which was mutated in favour of the Provincial Forest Department was cancelled
No reasonable cause or justification existed for exercising suo motu jurisdiction for the purpose of cancelling a past and closed transaction in favour of the Provincial Forest Department
Cancellation of mutation was thus set aside and Supreme Court directed that land in question shall be put to use as forest land only
Appeal was allowed accordingly.
Judgment & Decree
JAWWAD S. KHAWAJA, J.
The petitioner impugns the judgment of a learned Division Bench of the High Court dated 19-11-2013.
2. The facts of the case are straightforward. Under the Land Reforms Act, 1977, the land in question measuring 1737 acres 3 kanals and 3 marlas situated in Chak Fateh Khan and Chak Fatu Wala, Tehsil Fateh Jang was resumed. Thereafter, on 7-6-1990 vide mutation No. 31, this land was transferred to the Forest Department of the Punjab Government. It is contended on the basis of the revenue record that the land in question was 'ghair mumkin pahaar' and there was no cultivating tenant nor indeed was the land arable. The provincial government also sanctioned a sum of Rs.5.92 million for the development of the resumed land into forest land and out of this sum a substantial part was also expended. However on 25-10-1998, suo motu notice was taken by the Federal Land Commission and thereafter, vide order dated 7-5-1994 of the Federal Land Commission Islamabad, the transfer of the resumed land to the Forest Department was cancelled. It was held by the Federal Land Commission that tenants in cultivating possession had to be satisfied first.
3. Learned counsel contends that since the land was not cultivable, there were no tenants who could be claimants in respect of the said land. The private respondents were tenants of cultivated land in two mouzas and their claims have been duly satisfied.
4. We have heard the learned Law Officer and learned counsel representing the Land Commission and the private respondents Nos. 2 to
14. We have also gone through the record with their assistance.
5. We find it quite extraordinary that without giving any valid reasons, the Member Land Commission vide order dated 7-5-1994 proceeded to cancel a past and closed transaction whereby the land measuring 1737 acres, 3 kanals and 3 marlas, which was mutated in favour of the Forest Department of the Punjab Province, was cancelled. We have also found it quite surprising that this was done in purported exercise of suo motu powers. Paragraphs 5 and 6 of the order dated 7-5-1994 do not give any good justification for cancelling the land which stood allotted in favour of the Forest Department as far back as 1979. We are not in any doubt whatsoever that there was no reasonable cause or justification for exercising suo motu jurisdiction for the purpose of cancelling the past and closed transaction in favour of the Forest Department of the Government.
6. In view of the above discussion, this petition is converted into an appeal and is allowed. As a consequence, the cancellation of the mutation made in favour of the Province (Forest Department) is set aside. The land shall be put to use as forest land only. MWA/P-2/SC Petition allowed.