2000 PLP 1251 (SCMR)
SHER MUHAMMAD — Petitioner Versus PROVINCE OF PUNJAB and others — Respondents
| Citation | 2000 PLP 1251 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Irshad Hasan Khan, Munir A. Sheikh and |
| Parties | SHER MUHAMMAD — Petitioner Versus PROVINCE OF PUNJAB and others — Respondents |
| Primary Law | Displaced Persons (Land Settlement) Act (XLVII of 1958) |
Q1: What are the key laws and sections cited in 2000 PLP 1251 (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 2000 PLP 1251 (SCMR)?
The case was heard and decided by the High Court bench comprising: Irshad Hasan Khan, Munir A. Sheikh and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 PLP 1251 (SCMR) (SHER MUHAMMAD — Petitioner Versus PROVINCE OF PUNJAB and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Sarfraz-ul-Hassan, Advocate Supreme Court and C.M. Lateef, Advocate-on-Record for Petitioner.
- Ghulam Haider Al-Ghazali, Addl. Advocate-General and Masood Sadiq Mirza, Advocate Supreme Court for Respondents.
- Date of hearing: 23rd November, 1999.
Headnotes / Summary
(On appeal accepted on 23-1-1999 from the judgment/order dated 20-11-1997 of the Lahore High Court, Lahore passed in C.R. No. 1851-D of 1997).
Ss. 10 & I1
Constitution of Pakistan (1973), Art. 185(3)
Leave to appeal was granted by Supreme Court to consider; whether land in dispute which was admittedly an evacuee property had been transferred under the Settlement and Rehabilitation Laws to Forest Department and the same stood excluded from compensation pool as such, was not available for allotment under Displaced Persons (Land Settlement) Act, 1958 to the petitioner; and whether suit filed by the petitioner to challenge the order of the Settlement Authorities made under Ss. 10 & 11 of Displaced Persons (Land Settlement) Act, 1958 for cancellation of allotment of land to the predecessor-in-interest of the petitioner, i.e. the original allottee/vendor, in which the petitioner was not made party, though at the time of initiation of the proceedings the land had already been sold to the petitioner, could be held to be barred by time.
Judgment & Decree
Mian Sarfraz-ul-Hassan, Advocate Supreme Court and C.M. Lateef, Advocate-on-Record for Petitioner. Ghulam Haider Al-Ghazali, Addl. Advocate-General and Masood Sadiq Mirza, Advocate Supreme Court for Respondents. Date of hearing: 23rd November, 1999. MUNIR A. SHEIKH, J
The facts of the case have been given in detail in the order dated 19-10-1998 passed. by one of us (Munir A. Sheikh, J.) in Chamber while dealing with stay application which may be read as part
2. Leave to appeal is granted to consider, inter alia: (a) Whether the land in dispute which is admittedly an evacuee property had been transferred under the Settlement and Rehabilitation Laws to Forest Department so as to exclude the same from compensation pool, as such, was not available for allotment under the Displaced Persons (Land Settlement) Act, 1958 to the petitioner? (b) Whether the suit filed by the petitioner to challenge the order of the Settlement Authority made under sections 10 and II of the Displaced Persons (Land Settlement) Act, 1958 for cancellation of allotment of land to the predecessor-in-interest of the petitioner i.e. the original allottee/vendor in which the petitioner was not made a party though at the time of initiation of the said proceedings, the land had already been sold to the petitioner, could be held to be barred by time. Leave granted.