Sitting Panel: Sh. Riaz Ahmad, Munir A. Sheikh and Rana Bhagwandas, JJ

Summary:

This case involves two civil appeals filed by the Government of Punjab against a Lahore High Court judgment that had directed the transfer and allotment of land to Muhammad Yaqoob (respondent) in two different Chaks (220/RB and 223/RB). Regarding Chak No. 220/RB, the High Court directed formal transfer of land based on an old confirmed proposal from 1953, despite an intervening exchange of land to the Provincial Government in 1958 and a subsequent Notification in 1988 for accommodating such allottees. The Government’s main contention was that the respondent was not in possession of the land, as required by the 1988 Notification. For Chak No. 223/RB, the High Court directed allotment based on the concept of “pending proceedings” under the repealed settlement laws, for which the respondent had an unsatisfied verified claim.

The Supreme Court partly accepted the appeal regarding Chak No. 220/RB, directing the authorities to adjust alternate land for the respondent based on his fulfillment of the 1988 Notification’s conditions, including presumed possession. However, the Court fully accepted the appeal concerning Chak No. 223/RB, setting aside the High Court’s judgment. The Supreme Court clarified that the respondent’s case for Chak No. 223/RB did not fall under “pending proceedings” because no initial step for allotment had been taken before the repeal of settlement laws. The Court emphasized that Article 199 of the Constitution only empowers the High Court to direct an authority to do what the law requires, not to order something contrary to law.

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