MUHAMMAD ALI vs PROVINCE OF PUNJAB Ss — 2023 MLD 820 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 MLD 820 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: MLD
Parties: MUHAMMAD ALI vs PROVINCE OF PUNJAB Ss
Subject matter: Civil
Provisions referred to: S. 175-A---I; S. 175-A; Punjab Land Revenue Act (XVII of 1967); Punjab Land Revenue 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

MUHAMMAD ALI VS PROVINCE OF PUNJAB Ss. 32 & 34---Punjab Land Revenue Act (XVII of 1967), S. 175-A---Illegal occupation of State land---Village pond---Beneficial for ecosystem---Petitioner challenged the dismissal of his constitutional petition---Validity---Land in question, which was in the possession of the appellant, was state land that was being used as a water pond---Earlier, residents of the same vicinity had agitated the issue about the appellant's illegal occupation of the land in terms of S. 175-A of the Punjab Land Revenue Act, 1967---That resulted in proceedings being initiated against the appellant under Ss. 32 & 34 of the Colonization of the Government Lands (Punjab) Act, 1912---Appellant's appeal was dismissed by the Executive District Officer (Revenue) and his subsequent revision petition before the Member, Board of Revenue, also failed---Impugned order showed that the appellant had also sought remedies before the relevant civil court and the Ombudsman, but to no avail---Ponds play a pivotal role in providing ecosystem services to society, including water purification, flood alleviation, irrigation, livestock watering, fish production, support for pollinators and climate change mitigation---Prayer made by the appellant was barred by the doctrine of judicial estoppel---Intra-court appeal was dismissed.

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