2003 PLP 1049 (CLC)
ABDUL SATTAR — Petitioner Versus MEMBER (COLONIES), BOARD OF REVENUE, PUNJAB through Secretary to Government Punjab Colonies Department, Lahore and another — Respondents
| Citation | 2003 PLP 1049 (CLC) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ABDUL SATTAR — Petitioner Versus MEMBER (COLONIES), BOARD OF REVENUE, PUNJAB through Secretary to Government Punjab Colonies Department, Lahore and another — Respondents |
Q1: What are the key laws and sections cited in 2003 PLP 1049 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 1049 (CLC)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 1049 (CLC) (ABDUL SATTAR — Petitioner Versus MEMBER (COLONIES), BOARD OF REVENUE, PUNJAB through Secretary to Government Punjab Colonies Department, Lahore and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Mian Muhammad Waheed Akhtar for Petitioner.
- Ch. Muhammad Hanif Khatana, Addl. A.-G. for Respondents.
Headnotes / Summary
Ss. 10 & 30
Constitution of Pakistan (1973), Art.199-- Constitutional petition
Land reserved as "Charagah" land was meant for extension of ' Abadi Deh'
Temporary lease of land for a fixed period
Proprietary rights
Claim for
Land in question was reserved as `Charagah' land meant for extension of `Abadi Deh' and for projects of general welfare of the community
Said land was leased out to lessee for temporary cultivation for a fixed period only and lessee through an affidavit had undertaken that he would surrender land as and when required by Government for public purpose
Said land having been transferred to Education Department for construction of building of a school, lessee had assailed order of transfer claiming that he being a landless occupant of the said land was entitled. to grant of proprietary rights thereof and that same could not be transferred to Education Department
Lessee, who had undertaken to surrender'land as and when required by Government for public purpose, had no locus standi to challenge transfer of land to Education Department for construction of a school which was public purpose and lessee had not acquired any indefeasible right to acquire proprietary rights in respect of said land.
Judgment & Decree
Mian Muhammad Waheed Akhtar for Petitioner. Ch. Muhammad Hanif Khatana, Addl. A.-G. for Respondents. Date of hearing: 10th September, 2002. The petitioner was a temporary lessee whose lease was up to ' Rabi' 1989. Vide order dated 22-12-1987, the land particulars whereof have been mentioned in the order itself, was ordered to be transferred to 'the Education Department "for the construction of building of Government Girls High School at Chak No.447-G.B., Tehsil Samundri, District Faisalabad." This order has been assailed through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973.
2. It is contended by the learned counsel that the petitioner being a landless occupant of the land was entitled to the grant of proprietary rights thereof and the same could not be transferred to the Education Department. It is stated that the petitioner has continued in possession thereof till date.
3. Admittedly the petitioner was a temporary lessee for a fixed period till ' Rabi' 1989. According to the report submitted by the Board of Revenue, the land was reserved as Charagah land meant for the extension of ' Abadi Deh' and for projects of general welfare of the community. The same was leased out to the petitioner for temporary cultivation only. He undertook through an affidavit that lie would IA surrender the, same as and when required by the Government for public purpose. The petitioner had thus, no locus standi to the disposal of the land for public purpose i.e. construction of Girls High School nor had acquired any indefeasible right therein for proprietary rights. He himself having undertaken to vacate the same when required for the public purpose cannot wriggle out of his own commitment or take an inconsistent position. In this view of the matter, there is, no merit in this petition which is dismissed accordingly. No order as to costs. H.B.T./A-736/L Petition dismissed.