1986 PLP 11 (MLD)

Person granted land against provisions of Land Grant Policy, held, could not be penalized for act of omission committed by granting authority. (d) West Pakistan Land Revenue Act (XVII of 1967)

S.161--Colonization of Government Lands Punjab Act (V of 1912), S.24--Land Grant Policy, para. 23--Appellate 'jurisdiction, exercise of--Disposal of land-- Requirements-- Board of Revenue, in exercise of appellate jurisdiction, while resorting to cancellation of grant in favour of allottee, directed that eligibility for grant of such State land, could be determined by granting authorities in accordance with provisions of para.23 of Land Grant Policy and S.24 of Act V of 1912. D.M. Lohano for Petitioner. Anwar Baig Mirza for Respondent. Munshi Mir Muhammad, Tapedar Barrage. This is an appeal preferred against the order of the leaned Additional Commissioner, Hyderabad dated 7-4-1985 whereby he cancelled the grant of the appellant in respect of S. No. 122 area 8-05 Acres of Deh Sangi Taluka Tando Bago. 2. Heard the counsels for the parties and perused the record. 3. The counsel for the appellant contended that the land in dispute had been granted to the appellant by the Colonization Officer, Sukkur Barrage Hyderabad in open Katchery held on 4-10-1982 where the respondent did not contest in the Katchery as such he had no cause of action and his appeal before the Additional Commissioner was not maintainable. The counsel further contended that cancellation of the grant of the appellant on the appeal which was not maintainable was against the law. The counsel also stated that the appellant was quite eligible for the grant of land at the time of disposal. Since the Colonization Officer did not scrutinize his eligibility the grantee should not be penalized for the omission on the part of granting authority. The counsel, therefore, prayed that order of the Additional Commissioner be set aside and thereby the grant of the appellant be restored. 4. The counsel for the respondent contended that the appellant had been granted land by Colonization Officer, Sukkur Barrage, Hyderabad vide order dated 4-10-1982 in contravention of the mandatory provision contained in para. 6(2)(3) of the policy which contemplates that the granting authority should determine the eligibility of the person before grant of land to him. In the instant case the Colonization Officer had not determined the eligibility 'of the grantee before the grant of land as such the order of the Additional Commissioner is in accordance with law and be maintained. 5. I have considered the contentions of both the counsels. It is an admitted position that the respondent did not contest in the Katchery held for the disposal of land. According to mandatory provision contained in para. 6(4) of the Land Grant Policy state land shall be disposed in open Katchery. Since respondent did not contest in the Katchery he had no cause of action and his appeal was not maintainable. As regards the appellant, he had been granted land by the Colonization Officer without determining his eligibility. According to para. 6(2)(3) of the existing Land Grant Policy the Colonization Officer is required to determine eligibility of the person/persons applying for grant of state land. This requirement is an essential requirement and non-compliance of this requirement amounts to violation of the provision of the land grant policy. At the same time the tenant appellant according to principle of natural justice should not be penalized for an act of omission committed by granting authority. For the foregoing reasons I set aside the order of the Additional Commissioner and restore the grant in the name of the appellant on usual terms and conditions of the policy. However the Colonization Officer should now determine eligibility of the appellant at the time of grant of land. The respondent may move a miscellaneous application to the Colonization Officer as an informer if he has evidence against the eligibility of the appellant. If in the opinion of the Colonization officer it appears that the appellant was not eligible person to receive the grant at that time he may proceed to resume the grant under para. 23 of the land grant policy read with section 24 of the Colonization of Government Lands (Sind) Act, 1912. The appeal is accordingly accepted with the above observation. A . A .????????????????????????????????????????????????????????????????????????????????????????????????? Appeal accepted.