Colony Manual

2013 CLC 786 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Para. 322(c)Punjab Delegation Rules, 2006Constitution of Pakistan, Art.199Constitutional petitionLease of landVillage servants (Moeens)

Petitioners were in possession of land in question as village servants (Moeens) but authorities wanted to get the land vacated on the plea of establishing graveyard for newly established housing colonies

Validity

Petitioners' forefathers were allotted disputed land, they had served cause of the State and helped the State for establishing new villages (BARS) and remained active part for bringing barren land into cultivation

Equity demanded that Moeens should be compensated in case the State intended to change character of land from agriculture to urban

Constitution has provided that every citizen is equal before law and enjoys equal rights

Islam the State religion provides that in law, Moeens and landowner/Ziminadar enjoy equal rights

If land to temporary cultivators could be transferred permanently after some time why not Moeens

Resumption of land from Moeens in their possession was violative of the Constitution and the same could not be allowed

High Court declared the orders passed by authorities as without lawful authority and the same were set aside

Petition was allowed in circumstances.

2000 CLC 553 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 30Colony Manual, 1940, Vo1.I, paras.580, 581 & 583Sanctioning of path from the land of full ownerProcedure

After issuance of proprietary deed, the property comes out of the purview of Colony hierarchy, therefore, the Collector cannot sanction such path without the consent of the owner

Collector for such purpose has to adopt other measures for instance acquisition of that land under Land Acquisition Act, 1894, payment of compensation to the landowner in cash or transfer of alternate land in his favour

Path cannot be sanctioned without consent of the owner in circumstances.

2000 PLC(CS) 204 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Arts.199 & 212(2)Constitutional petitionCivil servicePostings and transfers of civil servantInterest of petitioner had been safeguarded in all transfer orders passed by authority with an interval of 6 to 8 daysPetitioner figured in all the transfer orders and his counterpart had been changing in each such orderEffect

Instructions and directions of Supreme Court in case of Zahid Akhtar v. Government of Punjab PLD 1995 SC 530 were to be complied with by the Authorities dealing with matters pertaining to postings and transfers of civil servants

High Court desired the compliance of Supreme Court's directions and instructions as contained in PLD 1995 SC 530.

1983 PLD 294 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 4 & 15 read with Colony Manual, Vol. II. paras. 155 & 155-AProprietary rights; grant of-Execution - of sale-deed-Purchaser on execution of sale deed, held, ceases to be governed by conditions incompatible with those actually included in sale-deed.