livelawpk.com - The Land Commission holds the Authority to enforce Land Refo

The Land Commission holds the Authority to enforce Land Reforms Regulations and determine the Validity of Transactions, including the Cancellation of Mutations --- Lahore High Court

4 months, 2 weeks
115

The Land Commission holds the Authority to enforce Land Reforms Regulations and determine the Validity of Transactions, including the Cancellation of Mutations --- Lahore High Court

Islamabad 08-08-2024: The Lahore High Court, Bahawalpur Bench, under the judgment delivered by Mr. Justice Asim Hafeez, has upheld the cancellation of land mutations in a case involving the legal heirs of the Late Ameer of Bahawalpur. The judgment, detailed in [WP 5106-2024] and related petitions, emphasized adherence to the Acceding State (Property) Order 1961 and the enforcement of Land Reforms Regulations.

The petitioners challenged the legality of decisions taken during a meeting on 15 June 2024. This meeting, chaired by the Senior Member Board of Revenue/Chief Land Commissioner Punjab, aimed at addressing complaints of illegal land sales by some legal heirs of the Late Ameer of Bahawalpur. The key argument was that the Implementation Committee’s actions were invalid due to its alleged non-functional status.

The Court ruled that the functional status of the Implementation Committee was irrelevant to the legality of its actions regarding land mutations. The judgment emphasized that the cancellation of land mutations is governed by the Acceding State (Property) Order 1961 and decisions by the Hon’ble Supreme Court of Pakistan, particularly referencing “Brig. His Highness Nawab Muhammad Abbas Khan Abbassi V. Deputy Land Commissioner, Bahawalpur” (1982 SCMR 991) and others.

The Land Commission holds the authority to enforce Land Reforms Regulations and determine the validity of transactions, including the cancellation of mutations. The Court affirmed that legal heirs' rights to deal with their holdings are subject to conditions imposed under the Land Reforms Regime. The Court highlighted the necessity of adhering to legal requirements, including prior notice and hearing, under section 163(2)(c) of the Land Revenue Act 1967.

The judgment clarified that third-party rights based on alleged mutations or executory agreements are subject to the enforcement and conclusiveness of the Land Reforms Regime. The Court reiterated that Article 189 of the Constitution mandates the binding nature of Supreme Court decisions, ensuring their enforcement.

The Lahore High Court’s decision underscores the importance of adhering to the Land Reforms Regulations and the binding nature of Supreme Court decisions. The petitions and related applications were disposed of, affirming the cancellation of mutations and aligning with the directions of the Hon’ble Supreme Court of Pakistan. The judgment reinforces the judicial encumbrance on legal heirs' rights and the authority of the Land Commission in enforcing land reforms.