SHAH ZAMAN KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar Ss

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SHAH ZAMAN KHAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar Ss. 6(1)(c), 17, 18(4), 29 & 92---Forest act (XVI of 1927), S. 29 (since repealed)---Khyber Pakhtunkhwa Land Revenue act (XVII of 1967), S. 172---Qanun-e-Shahadat (10 of 1984), art. 100---Protected forest land---Civil court---Bar of jurisdiction---In the present case none of the private parties had alleged and showed that they (or their stated predecessors-in-interest) were the recorded owners of the subject lands either under the land revenue or under any other law, nor had they relied upon any official record of the Government or of its predecessor-in-interest (the State of Swat) in support of their claims---Private parties had based their claims on private documents or on mere assertions---Private parties did not produce nor referred to any document which pre-dated the Notification through which the subject area was declared to be a protected forest, nor any after the Notification's issuance; they also did not prefer a claim to the settlement authorities, nor challenged the record of rights prepared in the year 1986---Record which was produced or referred to by them showed that the Forest Department of the Government was the owner of the subject lands---Private parties were also effectively assailing the survey of the land and the determination of the boundaries of the Forest Department of the Government which had been undertaken---assailing the same was also not within the jurisdiction of the civil courts---Private parties did not allege that the issuance of the Notification was mala fide or without jurisdiction, or that an order was passed against them which was coram non judice, which may have enabled them to access the courts---Furthermore the Khyber Pakhtunkhwa Forest Ordinance, 2002 did provide a remedy to the private parties, but it was not availed---Private parties had sought the constitution of the Forest Settlement Board for the re-determination of a forty-year-old matter; a rebuttable presumption of legality attached to thirty-year-old documents produced from proper custody---High Court had legally erred in referring the private parties to the civil court for the adjudication of matters over which the civil court did not have jurisdiction---appeals filed by the private parties were dismissed, while those filed by the Government were allowed by setting aside the impugned judgment of the High Court.

SHAH ZAMAN KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar Ss — 2023 PLD 340 SUPREME-COURT

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