Mst. AZIZ LATIF and others vs LAHORE DEVELOPMENT AUTHORITY through D.-
This matter arises from civil review petitions filed against a previous order of the Supreme Court dated 28-4-2009, which had set aside the judgment of the High Court that had allowed constitutional petitions filed by the petitioners. The core legal question concerned whether this Court, in its previous order, had failed to consider the report submitted by a committee headed by the Chairman Lahore Development Authority regarding the allotment status of the petitioners and the availability of alternate land. Upon court query, the learned counsel for the respondent Lahore Development Authority stated he had no objection to the acceptance of the review petitions provided the underlying petitions were converted into appeals and fixed for an early hearing. The Court held that, in view of the fair stance taken by the respondent, the review petitions should be allowed. The key principle laid down is that review petitions may be accepted and prior orders set aside with the consent of parties to convert pending petitions into appeals for a full hearing on merits.
- Whether a civil review petition can be accepted when the respondent has no objection subject to the conversion of petitions into appeals?
- Can an order of the Supreme Court be reviewed to correct an omission regarding the consideration of a material committee report?
CMA 2931-L of 2009 in CRP 59-L of 2009 and CMA 2277-L of 2009 in CRP 61-L of 2009 ' TASSADUQ HUSSAIN JILLANI, J.---Subject to all just exceptions, -these CMAs areallowed.
CRPs Nos. 58-L to 62-L of 2009
2. This order shall dispose Civil Review Petitions Nos. 58-L to 62-L of 2009 as they have arisen out of same consolidated judgment.
3. Through the aforereferred review petitions, petitioners have sought review of this court's order dated 28-4-2009 vide which Civil Petitions Nos. 1726-L to 1730-L of 2008 were allowed and the judgment of the High Court impugned in those petitions was set aside.
4. Learned counsel for the review petitioners submits that the learned High Court had allowed constitutional petitions filed by the review petitioners inter alia on the ground that the committee headed by the Chairman Lahore Development Authority and constituted by the learned High Court during the pendency of those petitions had reported that the review petitioners were allottees but they could not be given the A plots for one or the other reason and the alternate land, could not be given as the said scheme was no longer in vogue. Notwithstanding the said report, learned counsel added, this Court vide the order under review set aside the judgment of the High Court without even considering the report submitted by the LDA before the High Court on the basis of which the learned High Court had passed the judgment.
5. Learned counsel for the respondent LDA having examined the matter and on court query submitted that he has no objection to the acceptance of these review petitions provided the petitions filed by B respondent Lahore Development Authority are converted into appeals and fixed for hearing for an early date.
6. In view of the fair stand taken by learned counsel for the respondent LDA, these review petitions are allowed, the order under review of this Court dated 28-4-2009. Is set aside, Civil Petitions Nos.1726-L to 1730-L of 2008 are converted into appeals and shall be fixed for final hearing on a date fixed by the office in the last week of September, 2011.