1994 PLP 2299 (CLC)

Abdul Majeed v. Deputy Settlement Commissioner and others. PLD 1978 Lah. 912 rel. Ch. Muhammad Abdullah for Petitioners Hamid Ali Mirza for Respondent. Date of hearing: 28th October, 1992. Briefly stated facts of the case out of which this Constitutional petition has arisen are that the petitioner being in possession of land measuring 54 Kanals and 47 Kanals and 6 Marlas situate in the revenue estate of Mahtam, Tahsil Ferozewala, District Sheikhupura, during the four harvest, applied for purchase of the said evacuee land in terms of section 3 of Act 14 of 1975. This application was filed' do 18‑4‑1981. The reports were obtained on the application filed by the petitioner which verified the possession and entitlement of the petitioner to purchase the land in question. Learned Member, Board of Revenue accepted the application filed by the petitioner allowed the petitioner to purchase at the prevailing market rate instead of allowing the same at the rate of Rs.100 per P.1. Unit as per letter No. 448‑POL/76, dated 21‑10‑1976, which was in force at the date of filing of the application by the petitioners. It may be mentioned here in 1984 as guideline was also issued by the Secretary, Rural, Member, Board of Revenue wherein it was directed the price is to be charged at the rate of Rs.100 per P.1. Unit on the basis of classification of Rabi, 1974, order passed by the Member, Board of Revenue to the extent of payment of the price according to the petitioner is illegal and is without lawful authority, and hence the same has been challenged in this Court through this petition.

2. Ch. Muhammad Abdullah, learned counsel for the petitioner contends that in view of law laid down in case of Abdul Majeed v. Deputy Settlement Commissioner, etc. (PLD 1978 Lahore 912) the petitioner is entitled to purchase the land at the rate of Rs.100 per P. I. Unit which was prevalent rate at the time of filing of the application by the petitioner and not the market price, and therefore, the order passed by the learned Member, Board of Revenue is without jurisdiction to the extent of payment of the market price. Mr. Hamid Ali Mirza appearing on behalf of the respondents concedes this legal proposition. Resultantly, this writ petition is accepted, the impugned order to the extent of payment of market price passed by the respondent is declared to be illegal, without lawful authority and the same is set aside with the result that the petitioners shall be entitled to purchase the land in question at the rate of Rs.100 per P.I. Unit at which rate the price shall be calculated by the respondent which shall be paid by the petitioners for the purpose of purchase of the land in question. Parties to bear their own costs. A. A./A‑661 /L Petition accepted.