2002 PLP 2412 (YLR)

Ch. Sardar Ali for Petitioners. This case has been taken up in pursuance of judgment dated 9‑10‑2000 passed in Writ Petition No.20402 of 2000 by the Honourable High Court, whereby the case was remanded to the Board of Revenue for decision of application filed by the petitioners for conferment of proprietary rights.

2. Brief facts of the case are that land measuring 48 Acres and 5 Kanals situated in Chak No.8/3‑L, Tehsil Shorkot, District Jhang was allotted to Muhammad Din son of Nabi Bakhsh, predecessor‑in‑interest of the present petitioners, under Bara Reclamation Scheme vide District Collector's order dated 10‑5‑1952. The allottee applied for conferment of proprietary rights on 24‑3‑1960 contending that he had paid the Government dues and nothing was outstanding against him. 2‑A. Subsequent report by the Tehsildar and Revenue Assistant Jhang tend to indicate that the allottee had paid Legan up to Rabi 1960. The original allottee died and thereafter the allotment was transferred in favour of the legal heirs under section 19‑A of the Colonization of Government Lands (Punjab) Act, 1912 by the D.C./District Collector, Jhang vide order, dated 27‑7‑1980. The Deputy Commissioner also allowed them to purchase the proprietary rights of 194 Kanals and 10 Marlas of land, to the extent of their share, subject to the payment of outstanding Government 'dues. He also ordered the inclusion of Wanda Sarkat in the Schedule after obtaining possession. The case for execution of conveyance deed in favour of the petitioners was fixed in Peshi and the execution of conveyance deed was allowed by the D.C./District Collector on 23‑2‑1983 but the same was not issued as the land was situated within the limits of prohibited zone of Town Committee, Ahmadpur Sial. Muhammad Arshad, one of the legal heirs of the allottee submitted an application for execution of conveyance deed on the ground that the other allottees of the said scheme had been granted proprietary rights of the area situated within the prohibited Zone and conveyance deeds have also been issued in their favour. The D.C./District Collector sought advice in respect of the land allotted under Bara Reclamation Scheme, now falling within the prohibited limits of Municipal Committee, Ahmadpur Sial that came to be declared as such the year 1979 while the allotment was made in 1952. The case was under, process when the petitioners filed Writ Petition No.20402 of 2000. The Honourable High Court, vide order dated 9‑10‑2000, remanded the case to the Board of Revenue for decision of petitioners' application for conferment of proprietary rights. Consequently, the case has been taken up for hearing on judicial side.

3. I have heard the learned counsel for the petitioners and have examined the relevant record of the Deputy Commissioner, Jhang. The main contention of the petitioners is that the proprietary rights of the land to the extent of their share have been conferred by the Deputy Commissioner/District Collector on 27‑7‑1980, but the conveyance deed has not so far been issued on the ground the land in question is situated within the prohibited zone. He contended that the conveyance deeds have also been issued to other allottees whose land was located within the prohibited Zone of Municipal Committee, Ahmadpur Sial which was created in 1979. He argued that the case of the petitioners has been delayed unnecessarily in the Deputy. Commissioner's office.

4. I have considered the arguments advanced by the learned counsel for the petitioners and have examined the record available on the file. The record produced by the representative of the Deputy Commissioner, Jhang as well as representative of the Secretary (Colonies) Board of Revenue have also been perused. It is not disputed that the petitioners fulfilled the terms and conditions under which the land was allotted to Muhammad Din at the time of grant of proprietary rights. The case lingered oil in the office of District , Collector and, ultimately, he sought advice from the Board of Revenue on 16‑12‑1998 as to whether proprietary rights could be granted for the land in question as it was included in the prohibited Zone on establishment of Town Committee Ahmad Pur Sial, District Jhang that acquired the status of Municipal Committee in 1979. The Board of Revenue, vide letter dated 11‑3‑1999, in turn, sought a clarification from the District Collector as to how proprietary rights had been granted for the land that was included in the prohibited Zone. The petitioners invoked writ jurisdiction in the Honourable High Court. The Honourable High Court, vide order, dated 9‑10‑2000, remanded the case to the Member, Board of Revenue to decide the application filed by the petitioner for conferment of proprietary rights.

5. Bara Reclamation Scheme was promulgated on 12‑12‑1945 envisaging conferment of proprietary rights over half of the reclaimed land allotted under the scheme. A period of 8 years was given for bringing the barren land under plough. The allottee applied for conferment of proprietary rights in 1960 contending that he had fulfilled the conditions under the scheme. There was no concept of prohibited limits to the original Scheme. The allottee or his legal heirs cannot B be held responsible or made to suffer for the lethargy of the District Collector as the allottee had applied for conferment of proprietary rights way back in 1960. If his case had been processed with reasonable speed, it should have been completed long before the establishment of Town Committee. Ahmadpur Sial bringing the land under the prohibited zone.

6. In view of the petitioners/legal heirs not being at fault, the District Collector is directed to process the case for conferment of proprietary rights on the legal heirs of the allottee in accordance with the law to the B extent of their share. The petition is disposed of accordingly. S. A. K./52/Rev. Order accordingly.