1992 PLP 441 (CLC)

Sh. Anwar‑ul‑Haq for Respondents Nos. 3 and

4. Date of hearing: 20th August, 1991. This Constitutional petition calls in question order dated 17‑11‑1977 passed by Settlement Commissioner (Lands)/ Chief Settlement Commissioner, Punjab, Lahore.

2. The facts forming the background of this case shortly stated are that the claim filed by the petitioner for his urban land left in India was verified in terms of P.I. Units to the tune of 2505 P.I. Units. Land measuring 4 Kanals equivalent to 41 P.I. Units was allotted in favour of the petitioner on 25‑8‑1961 at Khata No. 312 of R.L. II village Kot Lakhpat. He was also allotted land against Khata Nos. 373 and 389 on 26‑4‑1961 measuring 23 Kanals 10 Marlas which was equivalent to 230 P.I. Units. This was allotted in village Amar Sindhu. The petitioner also got allotment of land measuring 4 Kanals equivalent to 41 P.I. Units at Khata No. 48 of R.L.1I Mouza Dewasabad, District Lahore on 24‑11‑1960. All these abovementioned allotments have been made in the urban area.

3. The petitioner was also allotted land at Khata No. 315 of R.L.II Village Mouza Shamke, Tehsil Ferozewala, District Sheikhupura measuring 48 Kanals 2 Marlas on 29‑10‑1968 which was equivalent to 240 P.I. Units. He also got allotment of land at Khata No. 36 measuring 252 Kanals 10 Marlas on 11‑10‑1970 which was equivalent to 1760 P.I. Units. It is this land allotted in favour of petitioner at Khata Nos. 315 and 36 which is in dispute which has been cancelled from the name of the petitioned being excess land.

4. In order to complete the narration of facts it may be mentioned here that the petitioner also got allotment of land measuring 29 Kanals 7 Marlas on 13‑10‑1972 in Naunarian Tehsil and District Lahore which was equivalent to 295 P.I. Units. He also got allotment of land measuring 145 Kanals 8 Marlas equivalent to 1354 P.I. Units on 12‑2‑1972 at Khata No.361 of R.L.II Ajudihiapur, Tehsil and District Lahore.

5. Respondent No.2 filed Mukhbari application on 28‑6‑1974 before the Chief Settlement Commissioner in which he stated that he had already filed a Mukhbari application in which the allotments of land made in favour of the petitioner in Ajudihiapur, Mouza Naunarian and Lyallpur were not mentioned. He also stated that the said previous application was fixed before Mr. Abdul Shakoor Qureshi in which 26‑7‑1974 was the date fixed therefore this Mukhbari application be also sent to the same Officer. The Settlement Commissioner (Lands) through the impugned order dated 17‑11‑1977 cancelled the allotment of land equivalent to 2000 P.I. Units got by the petitioner at Khata Nos. 315 and 36 in Mouza Shamke, Tehsil Ferozewala, District Sheikhupura which was a rural area. It was held that the entitlement of the petitioner was 2504 P.I. Units whereas he had got allotment equivalent to 1961 P.I. Units in urban area as mentioned above therefore, the land got allotted in Mouza Shamke, Tehsil Ferozewala, District Sheikhupura to the tune of 2000 P.I. Units was in excess and had been obtained by him through mis representation as such cancelled.

6. Learned counsel for the ‑petitioner argued that in calculating the entitlement of the petitioner the petitioner's right to get Beshi to the extent of 15% under law and 10% further Beshi under the law was not given and if the said concession is granted to the petitioner the allotment of land in favour of the petitioner would not be in excess.

7. As against this, learned counsel for the Department submitted that the claim of the petitioner was verified in terms of P.I. Units and not in terms of quantity of land in terms of Kanals and Marlas. His argument was that in such a case the entitlement of the petitioner at 2505 P.I. Units was calculated after giving benefit of Beshies therefore the petitioner could not claim further Beshies once again. He has also produced the instructions issued by the Federal Government that for urban claim the allotment should be made to the extent of 3/4th of the total entitlement and the remaining 1/4th should be left unsatisfied. These instructions were issued through letter No.5515‑70/5202‑R (L) dated 30‑10‑1970 which was addressed to all the concerned authorities. He pointed out on the basis of the record available, that the total entitlement of the petitioner was 2113.56 P.I. Units whereas after allowing the benefit of Beshies his final entitlement was determined by the Claim Authorities at 2505 P.I. Units. Out of this total entitlement he was entitled to allotment of land equivalent to 3/4th which was 1879 P.I. Units but the petitioner had been allotted land equivalent to 1961 P.I. Units in urban areas as mentioned in the earlier part of this judgment therefore the allotment of land equivalent to 2000 P.I. Units in Mouza Shamke, Tehsil Ferozewala, District Sheikhupura was in excess.

8. Argument of learned counsel for the Department has considerable force. Learned counsel for the petitioner when faced with this difficulty attempted to overcome it by arguing that the calculation of the units by the Claims Authorities regarding entitlement of the petitioner was not correctly done. I am afraid, this plea cannot be raised at this stage as the Settlement Authorities are not vested with powers to review or amend the orders passed by the Claims Authorities regarding registration and verification of claims. If the petitioner was feeling aggrieved against the calculation of his entitlement in the terms of P.I. Units, by the Claims Officer he should have agitated the matter at the relevant time. The order passed by the Claims Authority determining the entitlement of the petitioner at 2505 P.I Units has attained finality and cannot be questioned at this stage.

9. For the foregoing reasons, the writ petition has no force as the impugned order has not been shown to have suffered from any legal infirmity or jurisdictional defect. The writ petition fails which is accordingly dismissed with no order as to costs. A.A./R‑10/L Petition dismissed.