JAMZADI Versus SENIOR MEMBER, FEDERAL LAND COMMISSION

1. AJMAL MIAN, CJ.‑‑The above petitions are directed against the common order dated 8‑1‑1980, passed by respondent 1 in the proceedings which were abated in terms of Section 25 of Act‑II of 1977, but were revived by virtue of Notification No.11‑1977/LR‑1‑78 dated on 23rd September, 1978. In a recent judgment, namely, in the case of Sher Muhammad and others v. Senior Member, Federal Land Commission and others, decided on 1‑11‑1988 (C.P.No.D‑2069 of 1979) this Division Bench has taken the following view:‑‑

2. "We are inclined to hold that under above quoted Section 25 the Federal Government had the power to direct that a case or class of cases would not stand abated but it could not have issued the impugned. Notification directing that all the cases which were pending before the Federal Land Commission before the enactment of the Act shall not be abated. The impugned Notification in fact purports to nullify the effect of section 25 of the Act as a whole and, therefore, it is ultra vires of the powers of the Federal Government. In this view of the matter, the impugned notice issued in pursuance of the above impugned Notification also cannot be sustained."

3. Mr. Rashid Akhtar Oureshi, learned counsel for the respondents, has not been able to distinguish the above decided case from the present case, as admittedly the proceedings were revived on the basis of the aforesaid notification which has been declared ultra vires by this Court in the above un‑reported judgment. We see no reason to take different view in the above petitions.

4. We, therefore, allow the above petitions and declare the impugned order as being without lawful authority and of no legal effect. However, there will be no order as to costs. Since the petitioners are not represented today before us by any' advocate, intimation of this order may be sent to them under registered acknowledgement due.

5. M.Y.H./J‑77/K Petition al