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SHAFI AHMED versus OFFICER ON SPECIAL DUTY, FEDERAL LAND COMMISSION, RAWALPINDI


And developed under the Scheme Regulation, the gift of the land purchased under the scheme petitioner with the circular letter No. SLC 7861/172/4525 reading Para 10 the gift of the land purchased under the Regulation as its specific heritage. Has been prepared after obtaining prior permission of the Deputy Commissioner under Para. Holding Scheme 10, Circular Letter No. SLC 7861/72/4525 dated 10 12 1974 Only gifts that have been made without the prior permission of the Deputy Commissioner should not be applied to the gift by the applicant. Am [gift]

1981CLC751

[Karachi]

Before Abdul Hafeez Memon and K. A. Ghani, JJ

GROUP CAPTAIN (RETIRED) SHAFI AHMED AND 6 OTHERS‑Petitioners

versus

OFFICER ON SPECIAL DUTY, FEDERAL LAND COMMIS SION,

RAWALPINDI‑Respondent

Constitutional Petition No. D‑724 of 1976, heard on 23rd February, 1981.

Martial Law Regulations [C. M. L. A.' s 89/91 of 19581‑

‑ And Scheme Prepared under Regulations, para. 10 read with Circular Letter No. SLC‑7861/172/4525‑Gift of land purchased under Scheme Petitioner making gift of land purchased under Scheme framed under Regulation to his specified heirs after duly obtaining prior permission from Deputy Commissioner under para. 10 of scheme ‑ Held, provisions in Circular Letter No. SLC‑7861/72/4525 dated 10‑12‑1974 render void only such gifts as made without prior permission of Deputy Commissioner and not applicable to gift alienations made by peti tioner.‑[Gift].

Imam Ali Kazi for Petitioner No. 1.

M. L Memon for Respondent.

Date of hearing : 23rd February, 1981.

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