P L D 1990 Lahore 295 (PLP)

Muhammad Siddique petitioner was allotted land on 10‑7‑1959 under 'Grow More Food Scheme' for a period of rive years commencing from Kharif 1959 and expiring on Rabi, 1964. The land in dispute measures 104 Kanals comprised in rectangle No. 138 fields Nos. 1 to 5 and 7 to 14 in Chak No. 41/17, Tehsil Chishtian District Bahawalnagar. The Government ordered that proprietary rights should be given to the lessees of 'Grow More Food Scheme' and the condition was that the area must not less than a distance of 5 miles from the outer limits of the Municipal Committee and 50% of the land should be made arable within three years. The proprietary rights were not granted to Muhammad Siddique petitioner by the Deputy Commissioner/Collector, Bahawainagar on 2‑12‑1966. The petitioner filed an appeal against the said order which was rejected by the Additional Commissioner, exercising power of the Commissioner, Bahawalpur Division on 30‑9‑1967. The petitioner filed a revision petition before the learned Member, Board of Revenue, which too, was dismissed on 5‑1‑1968. A Writ Petition No. 164/68 was filed in this Court and the petitioner was directed to move a revision petition before the learned Member, Board of Revenue. A review petition was also riled which was dismissed on 7‑8‑19( )8 on the sole ground that their tenancy was situated within 5 miles of the boundaries of the Municipal Committee, Chishtian. It was also held by the Member, Board of Revenue that the cultivation of 50% of the area was not material in the case. of Muhammad Siddique petitioner. All these orders have been assailed in the instant writ petition.

2. The point for determination in this case was whether or not the area of Muhammad Siddique petitioner is located within rive miles of the boundaries of the Municipal Committee, Chishtian which according to Annexure‑0 is a second Class Municipal Committee. The report of the Patwari and Girdawar Annexure- K shows that this area is beyond a distance of 5 miles from the Municipal Committee, Chishtian. Annexure‑L also proves the same fact and this document has been signed by the S.D.O. Chishtian. It may be noted that this condition has further been relaxed by letter Annexure‑N. In this letter in such schemes, the area has been further reduced to 3 miles from 5 miles of a 2nd Class Municipal Committee. It may also be noted that the land has been granted to the other lessees, which is nearer to the area of the Municipal Committee as compared to the land of the petitioner as evinced from Annexure‑M, the map. When a person, whose tenancy is nearer to the area of the Municipal Committee has been granted proprietary rights, then it is a case of sheer injustice with Muhammad Siddique petitioner who has not been allowed to obtain the proprietary rights of the disputed land.

3. In this case it was pointed out with reference to Annexure‑N that the area of 5 miles has been reduced to three miles. Notification No. 3.024‑72/3946 ACL‑ITI, dated 12‑12‑1972 applies to this case. Muhammad Ayyub and another v. Muhammad Yaqoob and another PLD 1975 Lah. 445 has been quoted on behalf of the petitioner which lays down that the appellate Court while disposing of an appeal can take into consideration subsequent events including any amendment in legislation which may have occurred during pendency of appeal and appeal should be decided in accordance with those events. This authority is not applicable to the facts in hand because amendment in legislation is of two types: Substantive and Procedural. Substantive legislation can be considered during the pendency of an appeal and not the procedural one. Secondly, the abovequoted Notification cannot be given retrospective effect, and is inconsequential on the rights of the petitioner. The petitioner has otherwise succeeded in this writ petition on the point that his area lies beyond a distance of 5 miles from the Municipal Committee. 1, therefore, accept this writ petition and quash all the impugned orders and direct the respondents to grant proprietary rights to the petitioner. I make no order as to costs. H.B.T./M‑2045/L Petition accepted.