Faiz Ahmad vs Chairman Federal Land Commission, Islamabad Para — 2024 MLD 756 LAHORE-HIGH-COURT-LAHORE

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Faiz Ahmad VS Chairman Federal Land Commission, Islamabad Para. 18 (3)---Constitution of Pakistan, Art. 199---Constitutional petition---Resumed land, allotment of---Prohibited Zone---Petitioners assailed orders of Federal Land Commission, allotting resumed state land to respondents under paragraph 18(3) of Martial Law Regulation 115 of 1972---Validity---Respondent-authorities did not consider command of the notification as well as law on the subject while deciding matter in issue---Orders of allotment of land falling within prohibited zone were passed in clear violation of the notification as well as law on the subject---Allotments of surrendered state land falling within the prohibited zone were patently illegal and liable to be set aside---Courts of law are custodian of public properties, assets or interest and while dealing with matters relating to such properties/assets or interests, it is inalienable obligation of Courts to be very careful, cautious and assure itself to the extent of certainty that no mischief is being played with State assets---Extraordinary obligation is placed upon Courts to keep themselves abreast with law and facts of the case and when certain material facts are unearthed before it then matter should be decided as per law without being influenced by respective pleadings of parties---High Court set aside the orders passed by respondents / authorities regarding allotment of land in question in favour of any party---High Court declared that land in question was situated within the limits of prohibited zone and could not be allotted permanently to any person or tenant---High Court directed the authorities to retrieve possession if either party of the case was in possession of the land in question and also recover Tawan as per law---Constitutional petition was allowed accordingly.

Faiz Ahmad vs Chairman Federal Land Commission, Islamabad Para — 2024 MLD 756 LAHORE-HIGH-COURT-LAHORE

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