BASHIR AHMAD vs DEPUTY COMMISSIONER and 9 others
This petition for leave to appeal challenges a judgment of the Lahore High Court concerning the transfer of urban land to claimants holding verified claims for rural land. The core legal question is whether, under the relevant governing law, urban land could be validly transferred to respondents who held verified claims for rural land, particularly where their possession of the suit property as temporary allottees was for a duration of less than five years prior to 8-12-1960. The Supreme Court of Pakistan granted leave to appeal, determining that the matter requires a definitive interpretation of the eligibility criteria for such land transfers. The Court ordered that the appeal be heard on the existing record, with the parties granted leave to submit additional documentation. The decision highlights the necessity of strictly adhering to temporal and classification requirements—specifically the nature of the land (urban versus rural) and the duration of possession—when adjudicating claims for the transfer of state-allotted property under the relevant settlement or rehabilitation schemes.
- Can urban land be transferred to claimants holding verified claims for rural land?
- Does the transfer of urban land to temporary allottees require possession for at least five years prior to 8-12-1960?
ORDER
' ALI HUSSAIN QAZILBASH, J.--This is a petition for leave to appeal against the judgment of a learned Single Judge of the Lahore High Court, Bahawalpur Bench, dated 3-11-1985.
2. The sole question to be considered in this case is whether under the relevant law the land in dispute which is urban land could be transferred to the respondents who were claimants holding verified claim for rural land, more so when their possession over the suit land as temporary allottees was for less than five years prior to 8-12-1960. Leave is, therefore, granted. Security Rs, 5,000. The appeal shall be heard on the present record with permission to the parties to file additional documents, if any.