1997 PLP 167 (MLD)
AHMAD SAEED‑‑‑Petitioner Versus MEMBER, BOARD OF REVENUE, PUNJAB, LAHORE and 4 others‑‑‑Respondents
| Citation | 1997 PLP 167 (MLD) |
| Forum / Court | Lahore |
| Bench Members | M: Javed Buttar, J |
| Parties | AHMAD SAEED‑‑‑Petitioner Versus MEMBER, BOARD OF REVENUE, PUNJAB, LAHORE and 4 others‑‑‑Respondents |
| Primary Law | Displaced Persons (Land Settlement) Act (XLVII of 1958)‑‑‑ |
Q1: What are the key laws and sections cited in 1997 PLP 167 (MLD)?
This judgment primarily cites: Displaced Persons (Land Settlement) Act (XLVII of 1958)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 PLP 167 (MLD)?
The case was heard and decided by the Lahore bench comprising: M: Javed Buttar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 PLP 167 (MLD) (AHMAD SAEED‑‑‑Petitioner Versus MEMBER, BOARD OF REVENUE, PUNJAB, LAHORE and 4 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rana Abdur Rahim Khan for Petitioner.
- Ch. Muhammad Abdullah for Respondent No.5.
- Dates of hearing: 25th and 26th June, 1996.
Headnotes / Summary
‑‑‑‑Ss.15 & 16‑‑‑West Pakistan Land Revenue Act (XVII of 1967), S.42‑‑ Constitution of Pakistan (1973), Art. 199‑‑‑Constitutional petition‑‑‑Cancellation of allotment on pretext that same having not been incorporated in Revenue Record before repeal of Displaced Persons (Land Settlement) Act, 1958 or within one year of passing of allotment order, would be deemed to have been obtained fraudulently and same was thus, liable to be cancelled ‑‑‑Validity‑‑ Valid allotment of land in question, was made to petitioner by Settlement Authority in 1959 and in absence of any allegation that same was ever obtained by fraud or misrepresentation, cancellation thereof, was illegal‑‑‑Displaced person whom land had been allotted by Rehabilitation Authority in accordance with law, would be settled permanently on that land in such nor and on payment of such fee as prescribed by Government‑‑‑Land having been allotted in terms of Displaced Persons (Land Settlement) Act, 1958, same could be cancelled only under any of the provisions as provided in the statute itself; statute, however, had nowhere provided that if valid allotment was not incorporated in Revenue Record due to negligence of Revenue Staff, then same would be deemed to have been obtained through fraud or misrepresentation‑‑ Vesting of title of allottee was permanent and same could not be cancelled by Settlement Authority at its whim‑‑‑Instructions to the contrary issued by Chief Settlement Commissioner as contained in letter dated 19‑6‑1978, were thus, illegal, without lawful authority and were declared to be‑nullity in eyes of law‑‑ Orders of cancellation of land in question from allotment of petitioner's predecessor was set aside and Collector concerned was directed to decide petitioner's application for correction of Revenue Record afresh in accordance with law and in terms of judgment of High Court. Sher Afzal Khan and others Haji Razi Abdullah and others 1984 SCMR 228; Malik Shahab Din and 4 others v. Imdad Ali Ghallu; A.D.C. (G), Bahawalpur and 7 others 1986 CLC 2194 and Muhammad Yaqub v. Government of Punjab, Colonies Department Lahore and others 1996 CLC 264 ref.
Judgment & Decree
From Mian Waheed‑ud‑Din Rathore, Secretary (Rural) (Settlement and Rehabilitation Wing), Board of Revenue, Punjab. To (1) All the whole time Settlement Commissioners (L)/Addl. Settlement Commissioners (L), Punjab. (2) All the Deputy Commissioners and Assistant Commissioners (ASC)(L) in the Punjab. SUBJECT: ALLOTMENT OF RESUMED LAND TO INFORMERS ETC. Mr. A. K. Khalid, C.S.C./Member, Board of Revenue (S and R), Punjab. MEMORANDUM: The Chief Settlement Commissioner/Member, Board of Revenue (S&R), Punjab, has been pleased to decide that any allotment that has not been incorporated in the revenue record before coming into force of the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975 or within one year of the passing of allotment order, whichever is inter, may be deemed to have been obtained fraudulently by antedating the entries in the Register R.L.II and should be cancelled forthwith, after bearing objections, if any, of the so‑called allottee.
2. The Chief Settlement Commissioner/Member, Board of Revenue (S&R Punjab, has further been pleased to order that all cases where land has been resumed on Mukhbari applications filed by attorneys of the original claimants, should invariably be submitted to the Chief Settlement Commissioners for such orders as the things necessary with regard to the disposal/allotment of the land so resumed, under section 14(A) of the Displaced Persons (Land Settlement) Act, 1958, read with section 3 of the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975.
3. You are therefore, requested kindly to ensure strict compliance of orders of Chief Settlement Commissioner/Member, Board of Revenue (S&R), Punjab, and take further action in the matter accordingly, without further delay. (Sd.) Secretary (Rural), (Settlement and Rehabilitation Wing), B.O.R., Punjab. No. 1624/78/855/RL, dated 19th June, 1978. A copy is forwarded to all the Commissioners/Addl. Commissioners (Settlement Commissioners (Land), Punjab for information and necessary action. (Sd. ) Secretary (Rural), (Settlement and Rehabilitation Wing), B.O.R., Punjab.
6. The abovementioned letter does not show as to under what law or authority the said instructions have been issued under which it has been directed that any allotment that has not been incorporated in the revenue record before coming into force of the Repealing Act of Settlement Laws or within one year of the passing of the allotment order, it may be deemed to have been obtained fraudulently by anti‑dating the entries in the Register R.L.II and the same is to be cancelled forthwith. No such presumption is provided in the statute i.e. the Displaced Persons (Land Settlement) Act (XLVII of 1958). A valid allotment of the land in dispute was made to the petitioner by the Settlement Authority in 1959 at RL‑II Khata No.807/87. There is no allegation that it was ever obtained through fraud or misrepresentation and such a presumption being drawn against the deceased petitioner merely on the basis of the abovesaid letter dated 19‑6‑1978 is illegal. The abovementioned letter/instructions is ultra vires the Displaced Persons (Land Settlement) Act, 1958. According to section 15(3) of the Displaced Persons (Land Settlement) Act a displaced person to whom any land has been allotted by a Rehabilitation Authority before the commencement of this Act under a Scheme as defined in clause (7) of section 2, or by a Settlement Authority under subsection (1), shall be settled permanently on that land in such manner and on payment of such fees as may be prescribed by the Central Government. This provision shows that if there is a valid allotment the same is permanent and can be cancelled only under any of the provisions as provided in the statute itself and the statute does not provide anywhere that if the valid allotment of land is not incorporated in the revenue record due to the negligence of the revenue staff then the same shall be deemed to have been obtained through fraud or misrepresentation. Similarly section 16 of the Displaced Persons (Land Settlement) Act (XLVII of 1958) other law for the time being in force, the land on which a displaced person is permanently settled under this Act shall vest absolutely in such person.
7. The abovementioned provisions of the Displaced Persons (Land Settlement) Act, 1958 show that vesting of the title in favour of the allottee is permanent and the same cannot be cancelled at the whims of the Settlement Authority and the abovesaid direction/instructions of the Chief Settlement Commissioner as contained in the letter dated 19‑6‑1978 reproduced above are illegal and without lawful authority and the same are declared to be a nullity in the eyes of law. The writ petition is, therefore, accepted and the abovementioned orders of cancellation of land in dispute from the allotment of the deceased petitioner Ahmed Saeed are set aside and the Collector; Gujranwala is directed to decide the deceased petitioner's application, for the correction of revenue record, afresh in accordance with law keeping in view the observations made by this Court in this judgment. The parties are left to bear their own costs. A.A./A‑72/L Petition accepted.