Federal Constitutional Court of Pakistan

Member (Colonies), Board of Revenue, Punjab, Lahore and others v. Rasheeda Bibi (deceased), widow of Ghulam Sarwar (deceased), through legal heirs and others

Published on this website

C.P.L.A. No. 104-L of 2017

Citation: Approved for reporting; reporter citation not stated in the judgment

Pakistan | Punjab Land Revenue Act, 1967 | Section 163Pakistan | Constitution of the Islamic Republic of Pakistan, 1973 | Article 199

Background

Background

In Rasheeda Bibi, the FCC held that a temporary lease and payment cannot override a ban on granting state land, and explained revenue review under section 163.

The dispute concerned 49 acres, 5 kanals and 13 marlas in Chak No. 2/KB, Pakpattan. A 2008 EDO order supported a proposed ownership grant under the 1979 policy. The Board permitted its review in 2011; the Lahore High Court set that order aside in 2016. The FCC examined both the land’s eligibility and the distinction between sanctioning and deciding a review.

Legal questions

Can a temporary lease or payment create ownership of prohibited state land, and when may a successor revenue officer review an order?

Court holding

What the Court decided

A temporary cultivation lease and payment of government dues create no vested entitlement to ownership where the land is excluded from grant under the 3 September 1979 policy. A competent successor revenue officer may review a predecessor’s order subject to section 163 and the required prior sanction; sanction is distinct from deciding the review.

Final outcome

Final outcome

Petition converted into appeal and allowed. Lahore High Court judgment dated 28 October 2016 set aside; Board of Revenue order dated 24 August 2011 restored and maintained in principle; EDO order dated 28 October 2008 declared unsustainable; respondents held ineligible for proprietary rights. Parties to bear their own costs.

Practical effect

What the decision means in practice

The ownership claim was finally rejected; no remand was ordered. The 2008 EDO order could not support an entitlement to proprietary rights.

This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.

New judgment alerts

Follow this court or legal topic

Receive new judgments and analysis about Federal Constitutional Court of Pakistan, Civil Law, Constitutional Law by email.

Primary source

Original judgment and official source

This HTML summary does not replace the court record. Use the linked original judgment PDF or official court source to verify the exact text and directions.

Later treatment

Later treatment

Pinpoint research

Exact paragraph and citation links

Each numbered entry has a permanent link, a ready-to-copy pinpoint citation, and the corresponding page of the certified judgment. The short descriptions are editorial research aids; verify the Court's exact wording in the PDF.

Judgment of Chief Justice Amin-ud-Din Khan9 paragraphs

Research tools

Use this judgment in your research

Compare judgments

Judgment text is provided for legal research and general information. Verify the official court record before relying on it in proceedings.