1990 PLP 1978 (CLC)

R.O.R. No. 101 of 1988, decided on 10th December, 1989. ‑‑‑‑S. 164‑‑‑Board of Revenue's Letter No. 6597‑80/255o‑CL‑1, dated 5‑9‑1981‑‑ Mangla Dam Evictees Scheme‑‑‑Allotment of land to petitioner under Mangla Dam Evictee's Scheme‑‑‑Petitioner's application for grant of proprietary rights was refused on the ground that proprietary rights could not be granted on Charagah land as per instructions of Board of Revenue's letter dated 5‑9‑1981‑‑‑Petitioner was allotted land in 1968 under Mangla Dam Evictees Scheme and was to be given proprietary rights once he had paid full price towards the cost of land‑‑‑Such stipulation was contained in the Scheme for the re‑settlement of Displaced Persons of the Mangla Dam Project as contained in letter dated 21‑9‑1963 issued by the Colonies Department, Government of West Pakistan‑‑ Petitioner had paid all the outstanding dues‑‑‑Instructions of Board of Revenue dated 15‑9‑1981 could not be applied with retrospective effect‑‑‑Board of Revenue accepting petitioner's revision directed grant of proprietary rights to him over the land which had been allotted to him under Mangla Dam Evictees Scheme. Hasnat Ahmad Khan for Petitioner. This Revision Petition has been filed against the order dated 23‑9‑1987 of the Additional Commissioner (Revenue) Sargodha Division, whereby he dismissed the Appeal riled by the present petitioner against the order dated 4‑6‑198" of the Colony Officer/Collector Sargodha.

2. Briefly, the facts are that the petitioner was allotted 98 kanals of land in Chak Nos. 115/NB, 121/NB and 122/NB, Tehsil and District Sargodha under the Mangla Dam Evictees Scheme on 3‑8‑1968. Later the petitioner applied for the grant of proprietary rights on the land which had been allotted to him. This request was refused on the ground that proprietary rights could not be granted on Charagah land as per instructions contained in Board of Revenue's Letter No.6597‑80/2550‑CL‑I, dated 5‑9‑1981.

3. I have heard the counsel for the petitioner. He pleaded that the petitioner was allotted this land in 1968 under the Mangla Dam Evictees Scheme who was to be given proprietary rights once he had paid the full price towards the cost of the land. This stipulation is contained in the Scheme for the Re settlement of Displaced Persons of the Mangla Dam Project as contained in the letter dated 21‑9‑1963 issued by the Colonies Department, Government of West Pakistan addressed to all Deputy Commissioners. The representative of the State confirmed that the petitioner had since paid all the dues. The instructions in the A Board of Revenue letter dated 5‑9‑1981 cannot be applied with retrospective effect. As a result, this Revision Petition is accepted and the order of the Additional Commissioner (Revenue) dated 23‑9‑1987 is set aside. The petitioner should be granted proprietary rights over the land which had been allotted to him under the Mangla Dam Evictees Scheme. The conveyance deed for this purpose should be executed in accordance with the required form and upon confirmation that all formalities have been completed. AA./354/R Revision accepted.