The brief facts out of which the present writ petition arises are that the land measuring 19 Kanals 14 Marlas and Khasra No,1139 me suring 11 Kanals in village Bhekaywal, Tehsil and District Lahore was Waqf Property attached to Imam Bargah, Qaser-e-Batool which itself was located in Khasra No,1113 measuring 6 Kanals, 13 Marlas and Khasra No,1114 measuring 14 Kanals were Wafq Properties and as such could not be acquired by the Lahore Development Authority. The petitioner being aggrieved filed a suit against the L.D.A. before the Civil Judge 1st. Class, Lahore. The suit was decreed vide judgment and decree dated 12-4-1981. The L.D.A Authorities being aggrieved filed appeal before the Additional District Judge, Lahore which was dismissed vide judgment and decree dated 12-9-1981.
The L . D . A Authorities filed R.S.A. No,3 of 1982 which was decided in favour of the L.D.A by this Court vide judgment dated 11-5-1982 and judgments of both the Courts below were set aside. The petitioner being aggrieved filed C.P.S.L.A. No,502 of 1982 which was converted into Appeal No,244 of 1987 and was dismissed by the Honourable Supreme Court vide judgment dated 3-5-1988 and observed that the property was acquired by the L.D.A. Authorities in accordance with law. The petitioner thereafter filed the petition before the Federal Shariat Court 'which was consigned to the office in view of the provisions of the Ordinance No,1 of 1988. The petitioner being aggrieved has filed this writ petition on the basis of the law laid down by the Honourable Supreme Court in Qazalbash's case (PLD 1990 S.C. 99). The learned counsel of the petitioner submits that land of the petitioner could not be acquired under the provisions of the Land Acquisition Act but the land in question is Waqf Property. The judgment of the Honourable Supreme Court in Qazalbash's case is applicable in all force.
2. I have given my anxious consideration to the contentions of the learned counsel of the petitioner and perused the record myself.
3. It is admitted fact that the land in question was acquired by the Lahore Improvement Trust initially in the year 1971.
The Honourable Supreme Court decided Qazalbash's case on 15th July, 1989 (PLD 1990 S.0 99). It is settled principle of law that judgment of the Honourable Supreme Court has prospective effect and not retrospective effect as per principle laid down A by the Honourable Supreme Court in Muhammad Yousuf's case (PLD 1968 S.0 101). The matter has been finally decided upto the apex Court between the parties, therefore, the writ petition is also hit by well-known principle of past - and closed transactions as per principle laid down by the Honourable Supreme Court in Miani Sahib's case (PLD 1973 S.0 17). The aforesaid proposition of law is also supported by the following reported judgment and unreported judgments:- 1991 SCM R 736, The Chief Land Commissioner v. Ch. Atta Muhammad Bajwa: C.A.No 292 of 1976 decided on 10-7-1991 Muhammad Tahir Shah and others v. Federal Land Commission.
C.A. No,897 of 1990 decided on 1-3-1993, Malkani Mumtaz Begum v. Province of Punjab.
Writ Petition No,1826 of 1974 decided on 13-1-1980, Syed Aziz v. Pakistan etc.
4. In view of what has been discussed above, this writ petition has no merits and the same is dismissed.