AJMAL MIAN, C.J.--(1) By this petition the petitioner has impugned an order dated 29-1-1980 passed by respondent No. 1 in purported exercise of powers under para 29 of the M.L.R.
115. It may be observed that by virtue of section 25 of Act No. 11 of 1977 the proceedings pending before the respondent No. 1 were abated but there was proviso to the effect that the Federal Government by a Notification may keep a case or class of cases unabated for hearing. It seems that the Government by a Notification dated 23-9-1978 purported to nullify the effect of section 25 by providing that all the cases pending before the respondent No. 1 would not be abated. We had held in a number of cases that the above Notification is ultra vires of section 25. In this behalf reference may be made to an unreported judgment of this Court dated 1-11-1988 in the case of Sher Muhammad and others v. Member, Federal Land Commission and others (C.P. No. D-2069 of 1979), wherein we have inter alia held as follows: "We are inclined to hold that under above-quoted section 25 the Federal Government had the power to direct that a case or class of cases would not stand abated but it could not have issued the impugned Notification directing that all the cases which were pending before the Federal Land Commission before the enactment of the Act shall not be abated. The impugned Notification in fact purports to nullify the effect of section 25 of the Act as a whole, and, therefore, it is ultra vires of the powers of the Federal Government. In this view of the matter, the impugned notice issued in pursuance of the above impugned Notification also cannot be sustained."
2. We see no reason to take a different view in the above case and, therefore, we declare the impugned order as being without lawful authority and of no legal effect as the impugned order has been passed in pursuance of the above Notification. The petition stands disposed of m the above terms with no order as to costs.