620/2014 Const. P. The Fauji Foundation Charitable Trust (Petitioner) V/S Federal Land Commission & others (Respondent)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Muhammad Faisal Kamal Alam
Order Date: 09-APR-20
Subject: Resumption of land under MRL 115 Fauji Foundation a "Charitable Trust" operating under endowment Act 1980 was functioning through a committee formed vide notification of 08.03.1972 of federal Government. Committee after deliberation resolved that secretary to act as authorized person. Unless otherwise explained, it does not deemed to have empowered /authorized secretary to further delegate the powers by a simple authority letter signed by Secretary alone, when it's not borne out of resolution. In the earlier petition when resumption of land was questioned, the parties withdrew their lis in view of negotiation which ended as 30 years leases of subject land and the cause of resumption deemed to have exhausted by way of doctrine of election, Petitioner opted for a long term lease instead to continue litigation against resumption of land .Such right (if any) was bartered with long term lease. Such right to challenge the resumption of land thus was not available when present petition was filed. Process of execution for long term lease should have followed requirement of MLR 115 and section 17 of Act II of 1977 and since it was not transparent, the two leases were executed in an unlawful manner and which period (30 years) has already been exhausted. Scheme of recovery of land revenue includes a process of attachment of holding against arrears which are due. Unless a remedy is exhausted, immediate jump to arrest and detention would not be justified. The question of declaring MLR 115 being repugnant to injunctions of Islamic law has already been decided but with its prospective effect as highlighted in the judgment of Qazalbash Waqf v. Chief Land Commissioner and the effective date was set as 23rd March, 1990 before which the process of resumption had already been completed yet long term leases were executed surrendering rights over the land. (if any)Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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