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CHAIRMAN, FEDERAL LAND COMMISSION vs Mst — 2021 PLD 42 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2021 PLD 42 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2021
Reporter
PLD
Parties
CHAIRMAN, FEDERAL LAND COMMISSION vs Mst
Subject matter
Constitutional
Provisions referred to
S. 7; Land Reforms Act; Law Reforms Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

CHAIRMAN, FEDERAL LAND COMMISSION VS Mst. SANAM IQBAL S.7 (5)---Holdings, determination of---Declaration not made by land owner---Land owner was aggrieved of notices issued by Land Commissioner for holding excess land---On the contrary tenants sought allotment of excess land in their favour---Single Judge of High Court set aside notices issued to land owner and petitions filed by tenants were dismissed---Validity---In absence of any declaration by land owner and determination under S.7(5) of Land Reforms Act, 1977, land did not vest in Federal Government---Provisions of Land Reforms Act, 1977 were not effective from 23-3-1990 to vest surplus land with Federal Government, therefore, law ceased to have effect and could not be invoked to issue notices in question by authorities---Single Judge of High Court had rightly dismissed Constitutional petitions filed by tenants as they could claim entitlement to surplus land as deserving tenants, if procedure/proceedings under S.7(5) of Law Reforms Act, 1977 were completed before 23-3-1990; even then they were required to be assessed or declared as deserving tenants under the provision of law---Division Bench of High Court declined to interfere in the judgment passed by Single Judge of High Court---Intra Court appeal was dismissed, in circumstances.

Other judgments reported in 2021 PLD

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