RIZWAN COOPERATIVE SOCIETY LIMITED vs PUNJAB UNIVERSITY ACADEMIC
This matter concerns a dispute over land previously sold to the Rizwan Cooperative Society Limited. The core legal question was whether the petitioner-society retained any locus standi or valid claim to the land, specifically an area of 406 kanals 1 marla, following previous judicial determinations regarding the acquisition of said land by the Lahore Improvement Trust for the Punjab University campus. The Supreme Court had previously held in Lahore Improvement Trust v. Custodian, Evacuee Property (PLD 1971 SC 811) and in a subsequent judgment in Civil Appeal No. 149 of 1985 that the entire sale in favour of the petitioner-society was invalidated. The High Court had also allowed a writ petition filed by Punjab University authorities challenging various allotment orders and mukhbari applications concerning this land. The Supreme Court held that, in light of its prior binding judgments, the petitioner-society no longer possessed any standing or locus standi in the matter. The key principle laid down is that where a prior judicial decision has invalidated the underlying title or sale of property, the party claiming through that invalidated sale lacks the necessary standing to challenge subsequent administrative or judicial actions concerning that property.
- Does a party whose title to land has been invalidated by a prior Supreme Court judgment retain locus standi to challenge subsequent proceedings concerning that land?
- Does the invalidation of a sale of land by the Supreme Court extend to areas not explicitly included in a specific development scheme if the sale itself was set aside?
ORDER
1. NASIM HASAN SHAH, J.---The land which is the subject-matter of the dispute in Civil Petitions Nos.3.34-R/88, 512/88, 537/88 and 545/88 was at one stage sold to the petitioner-society on 1-5- 196-1. But this sale was set aside in the proceedings brought before this Court by the Lahore Improvement Trust. Claiming that the area involved in the sale stood acquired by the Trust for the Campus of the Punjab University vide judgment dated 20-10-1971 (see Lahore Improvement Trust v.
2. Custodian, Evacuee Property PLD 1971 SC 811). A question arose as to whether an area of 406 kanals 1 marla, which was included in the sale to the petitioner-society but not included in the Scheme of the Trust, also stood invalidated by this decision. This Court vide judgment dated 4-4- 1990 passed in Civil Appeal No.149 of 1985 (Rizwan Co-operative Society Limited v. Lahore Development Authority and others) has held that the entire sale made in favour of the petitioner- society including the area in question measuring 406 kanals 1 marla stood invalidated by this decision.
3. It appears that this very land was got allotted by various persons either through allotment orders or by filing mukhbari applications or appeals against the allotment orders so obtained by different persons. These allotments etc. Were questioned in the High Court by the Punjab University authorities through Writ Petition No.402-R of 1976. This petition was allowed by the High Court vide judgment dated 6-4-1988 and the aforesaid judgment has been questioned by the effected parties through several petitions for leave to appeal inter alia Civil Petition No.334-R/1988, Civil Petition No.512/1988, Civil Petition No.537/1988 and Civil Petition No.545/1988. The petitioner-society has applied to beimpleaded as a party and has also filed a petition for leave (Civil Petition No.571/1988).
4. It is obvious that after the judgment of this Court reported in Lahore Improvement Trust v.
5. Custodian Evacuee Property (PLD 1971 SC 811) and the recent judgment in Civil Appeal No.149 of 1985 (Rizwan Cooperative Society Limited v. Lahore Development Authority and others) the petitioner-society has no longer any standing or locus standi in the matter.