P L D 2007 Lahore 529 (PLP)

UMAR ATA BANDIAL, J.

This petition is filed against the impugned order dated 7-12-2005 passed by the EDO(R) respondent No.1 whereby the petitioners immovable property purchased under registered sale-deed dated 2-9-1990 and duly mutated in the revenue record on 12-9-1990 has been ex-propriated on the ground that it belongs to the Forest Department under the law declared by the Hon'ble Supreme Court in its judgment reported in Province of Punjab v. Muhammad Mehmood Shah 1991 SCMR 1426. He has read from the said judgment wherein allotment of evacuee property in the possession of the Forest Department that were made by orders of the settlement authority passed oh or before 27-2-1965 have been protected whereas allotments made or alleged to have been made after the said date have been declared illegal and the land in question to vest in the Forest Department. Learned counsel has thereafter read from the impugned order which fails to consider the date of the allotment order made in favour of the petitioner's predecessor in interest of the disputed property. He submits that the impugned order was also passed without hearing the petitioner. It is alleged to be mechanical by failing to advert the crucial criterion of date of allotment whereby the fate of title iii the disputed land is to be determined.

2. Learned A.A.-G. submits that the impugned order was passed after the perusal of the record with the assistance of the staff of the Revenue Department and the Forest Department who were in attendance. However, he is not in a position to controvert or explain the omission by the impugned order to consider and decide the matter with reference to the date of allotment of disputed land in favour of the petitioners' predecessor in interest which is the pivotal criterion under the aforesaid judgment of the Hon'ble Supreme Court. The impugned order, accordingly deprives the petitioner of valuable immovable property by a sweeping statement that is devoid of essential content. It cannot sustain.

3. The petitioners are accordingly granted an opportunity to appear and establish before the respondent No.1 through documentary material that the date of allotment of their predecessor-in-interest for the disputed land was made by the settlement authority prior in time to the target date given in the aforesaid judgment of the Hon'ble Supreme Court. If this is accomplished the underlying premise of the impugned order shall disappear and the respondent No.1 shall pass afresh order in accordance with law in the proceedings. The petitioners are given six weeks from the date of this order to present such material, if any, before the respondent No.1. If the petitioners fail to produce documentary material proving a qualifying date of allotment of the disputed land by the settlement authorities within the time allowed, the impugned order shall stand. Disposed of. H.B.T./W-5/L Order accordingly.