TEHZEEB-UL-HASSAN SHAH Versus STATE

ORDER

1. MUHAMMAD HALEEM, C.J. --The learned counsel for the petitioner challenged the vires of the memorandum No.4952-PI-Reh/60, dated 12-7-1960 as being opposed to the Cantonment Land Administration Rules, 1937, and on that basis further contends that the transfer could not extend to more than three times the plinth area of the land to the respondents in the absence of a special order of the Chief Settlement Commissioner under the second proviso to subsection (4) of section 2, and that, therefore, the excess land was still available. No argument as to the vires of the memorandum was raised at the time of the hearing of the appeal. Accordingly, we would not allow this matter to be agitated as a fresh argument considering the scope of review jurisdiction exercised by this Court. Even otherwise, this question was finally concluded by the decision of this Court in Muhammad Matin Mirza v. Jahangir R. Rustomji, PLD 1980 S C 64 which overruled the judgment of the Lahore High Court in Tufail Muhammad Khan v. Abdul Hamid etc. P L D 1967 Lah.1058, holding a memorandum issued under the second proviso to section 2(4) to be ultra vires.

2. Accordingly, this petition is without any merit, and is dismissed.

3. M.I. /T-16/S Petition dismissed.