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Petitioner: LAHORE MUNICIPAL CORPORATION VS Respondent: MUHAMMAD ANWAR And Other
Court Name: Supreme Court of Pakistan Judge(s): Saad Saood Jan, Syed Usman Ali Shah Title: LAHORE MUNICIPAL CORPORATION vs MUHAMMAD ANWAR And Other Case No.: Civil Petition No.26 of 1986 Writ Petition No.750-R of 1980 Date of Judgment:1989-09-17 Reported As: 1991 SCMR 1821 Result: appeal granted
Judgment ORDER SAAD SAOOD JAN, J.---A piece of land measuring about 9 Marlas and situate within the limits of the Municipal Corporation, Lahore was allotted by the Settlement authorities to the predecessor- in-interest of the respondents. After obtaining permission from the Municipal Corporation the respondents raised a structure thereon. Subsequently, on a Mukhbari application, the Settlement Commissioner cancelled the allotment on the ground that the land in question belonged to the Municipal Corporation. The respondents filed a writ petition in the High Court to call in question the legality Commissioner. A learned Single Judge accepted the writ petition and declared the order of cancellation to be illegal and without lawful authority. The Municipal Corporation seeks leave to appeal from the order of the learned Single Judge. 2. In support of this petition it is stated that as the property did not form part of the compensation pool, it could not be transferred by the Settlement authorities to anyone. The considerations that the Municipal Corporation had granted sanction to the respondents for raising a structure thereon and that it had not previously laid any claim to the land in dispute were not sufficient to set aside the order of the Settlement Commissioner. 3. The contention raised in support of this petition needs examination. Leave to appeal is granted. Security for costs in the sum of Rs.2,000. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any.