FEDERAL LAND COMMISSION vs Sardar NOOR AHMED KHAN and 7 others
This matter involves a petition for leave to appeal before the Supreme Court of Pakistan, challenging the validity of an order passed by the Federal Land Commission. The core legal questions concern the scope of the Federal Government's suo motu revisional powers under the Martial Law Regulation 115, specifically whether such powers allow for the interference with factual findings established by subordinate Land Reform Authorities. Furthermore, the case addresses the retrospective impact of the Federal Shariat Court's judgment in Qizalbash Waqf v. Chief Land Commissioner, Punjab, Lahore (PLD 1990 SC 94) and the subsequent Appellate Shariat Bench decision in Government of Pakistan v. Qazilbash Waqf, Lahore (1993 SCMR 1697) on land reform decisions made in 1976. The Court granted leave to appeal to determine if the Federal Land Commission's 1976 decision could be declared without lawful authority in a writ petition filed in 1977 but decided in 1994, in light of these Shariat-based precedents which fundamentally altered the legal landscape regarding land reforms.
- Can the Federal Government in exercise of its suo motu power under paragraph 29 of Martial Law Regulation 115 interfere with findings of fact recorded by subordinate Land Reform Authorities?
- Can a decision rendered by the Federal Land Commission in 1976 be declared without lawful authority and of no legal effect in a writ petition filed in 1977 but decided in 1994, in view of the decisions in Qizalbash Waqf v. Chief Land Commissioner, Punjab, Lahore and Government of Pakistan v. Qazilbash Waqf, Lahore?
- Paragraph 29, Martial Law Regulation 115
ORDER
1. ' SAIDUZZAMAN SIDDIQUI, J.---Leave is granted in the above case to consider the following questions of law:--
(1) Whether the Federal Government in exercise of its suo motu power under paragraph 29 of M.L.R.
2. 115, could not disturb or interfere with a fording of fact recorded by subordinate Land Reform Authorities ? And
(2) Whether in view of the decision of Federal Shariat Court in Qizalbash Waqf v. Chief Land Commissioner, Punjab, Lahore (PLD 1990 SC 94) and the decision of Appellate Shariat Bench of this Court in the case of Government of Pakistan v. Qazilbash Waqf, Lahore (1993 SCM R 1697), the decision rendered by the Federal Land Commission on 26-10-1976 could be declared as without lawful authority and of no legal effect in the writ petition filed in 1977 though decided on 29-3-1994?