1987 PLP 1630 (SCMR)

S.A. NUSRAT, J.‑‑The dispute in this case, relating to an area of 237 acres of land situate in Domewali, Taluka Kashmore, District Jacobabad, has arisen in the background of the following facts; 2. The petitioners, who are displaced persons from Mangla Dam were allotted 507 acres of State land alongwith some other persons in deh Domewali, Taluka Kashmore, District Jacobabad and were put in possession thereof on 18‑3‑1967. This land was earlier on lease with Mir Ali Bilawal Dombki who had surrendered the same to the Government under MLR‑64. The dispute with regard to 270 acres of the said land was resolved in a meeting of the West Pakistan Land Commission held on 15th June, 1960 in the Governor House, Lahore when the sale pertaining to the same in favour of the Mangla Dam displaced persons at the rate of Rs.20 per unit was approved. However, no order was passed with regard to remaining 237 acres of land allotted to the petitioners. The Chief Land Commissioner, however, regularised the allotment in their favour by order dated 3‑6‑1982. It appears that the respondents Nos.3 to 18 had earlier laid claim for the purchase of the disputed land (237 acres) to the Chief Land Commissioner which was rejected simultaneously with the passing of order of regularisation in favour of the petitioners. The respondents, therefore, filed a Constitutional Petition in the Sind High Court challenging the orders passed in the case which was disposed of by a learned Division Bench of the Sind High Court on 8‑3‑1983 and the matter was remanded to the Deputy Land Commissioner, Jacobabad with a direction to hear all the parties and determine their entitlement in accordance with law. In pursuance of the said direction, the Deputy Land Commissioner, by his order dated 12‑8‑1984, directed that the disputed land be disposed of under Land Reforms Policy under Paragraph‑18 of MLR‑115 of 1972 to the eligible persons. The petitioners filed a Constitutional Petition challenging the said order of the Deputy Land Commissioner praying, inter alia, that the disputed land having otherwise been allotted to the petitioners as far back as 1967, was not available for disposal under MLR‑115. All the prayers made in the petition were turned down by the learned High Court and instead the Deputy Land Commissioner, Jacobabad was directed to decide the question of entitlement, if any, of the parties under MLR‑115 within six months. 3. It was contended by the learned counsel for the petitioners that the disputed land which was earlier held by Mir Ali Bilawal Dombki on lease from the Government, reverted back to the Government as State land upon its surrender under MLR‑64 and the same, therefore, could not be treated as resumed land for the purpose of Paragraph‑19 of MLR‑69 or Paragraph‑18 of MLR‑115. Reliance was placed on a decision of this Court in the case of Talib Din & others v. Chief Land Commissioner PLD 1984 S C 453. It was further contended that even otherwise the land had remained unclaimed by the tenants from 1959 to 1981. when it was disposed of to the petitioners by sale as Mangla Dam displaced persons, and such sale having been regularised, the petitioners could not be lawfully deprived of the same as the land was not available for transfer to the tenants. 4. The above contentions, inter alia, require examination and leave is accordingly granted. Security Rs.2,500. The interim order passed in the case on 3‑6‑1986 shall continue until the disposal of the appeal. M.I./K‑21/S. Leave granted.