Protection to property

Federal Land Commission in exercise of suo motu powers of revision under Para-29 of Land Reforms Regulations, 1972 (M.L.R. 115), declared alienation of land in question by petitioner in favour of her children to be void

Validity

Produce Index Units (PIU) of petitioner were below the ceiling of 12000 PIUs, which fact had been highlighted from the record and the same left no scope for Land Commission to exercise any power of resumption in respect of land in question

At the time of passing of order by Federal Land Commission, the Constitution of Pakistan (1973) had been enforced whereby in Art. 24, it was ensured that no person would be deprived of his property save in accordance with law, which provided for compensation thereof

Order passed by Federal Land Commission was violative of such concept of the Constitution

Genuine transaction of sale by petitioner in favour of her minor children was effected and incorporated in revenue record, bona fides of which transaction was accepted by authorities

Order passed by Federal Land Commission which was not based upon legally admissible evidence duly collected by authorities was therefore, illegality passed and was declared to be without lawful authority and of no legal effect

Petition was allowed in circumstances.