1997 PLP 2535 (MLD)

S. 19

Sale of land

Original allottee to whom land in dispute was allotted under Grow More Food Scheme having died, allotment of land was cancelled from his name

Petitioner claimed that deceased original allottee to whom proprietary rights in respect of land in question were granted, sold away land to him before his death

Petitioner had requested Board of Revenue for according permission for sale of land in question in his favour under S.19 of Colonization of Government Lands (Punjab) Act, 1912

Permission for sale of land in question as requested by petitioner was impossible at such a belated stage especially when original allottee had died long before and allotment had also been cancelled from his name

Board of Revenue keeping in view long affiliation of petitioner with land in question through unlawful purchase, had ordered that his possession over land in question should not be disturbed and also allowed petitioner to purchase land on payment of prescribed price. Malik Talib Hussain Awan for Petitioner. Date of hearing: 8th September, 1995. This suo motu review petition has been initiated on the request of the petitioner for permission under section 19 of the Colonization of Government Lands Act, 1912 to transfer the land in dispute i.e. Lot No. 17 in Chak No. 124/DNB, Tehsil Yazman, District Bahawalpur.

2. Brief facts of the case are that State land, in dispute measuring 104 Kanals comprising Lot No.17 in Chak No.124/DNB, Tehsil Yazman, District Bahawalpur was allotted to one Bakhat Ali under Grow More Food Scheme in the year 1959. According to the petitioner the deceased allottee was granted proprietary rights of the said lot." Thereafter, he sold away the said land to the petitioner which is claimed to be in his possession. The Managing Director, Cholistan Development Authority, Bahawalpur issued a notice to the petitioner under section 24 of Cholistan Development Authority Act for his ejectment. The petitioner, therefore, requested the Board of Revenue for according permission for sale in his favour under section 19 of the Colonization of Government Lands Act, 1912. A report from Managing Director, Cholistan Development Authority, Bahawalpur was called for, who reported that the land in dispute was allotted to Bakhat Ali deceased in 1959 and the same was cancelled later on. He, however, proposed that the land in dispute which was unauthorisedly sold by the deceased allottee to the petitioner may be transferred to him on payment of Rs.10,000 per acre. This proposal was not agreed to and the request of the petitioner was rejected. The petitioner has, however, requested for rehearing of the case vide his application received on 11-5-1994. The case was got examined on the executive side which I have fixed for hearing on the judicial side as suo motu review petition.

3. I have heard the arguments of the learned counsel for the petitioner and have perused the record.

4. In this case the permission under section 19 of Colonization of Government Lands Act, 1912 is impossible at this belated stage, especially when the original allottee has died long before and the lot in dispute was also cancelled from his name. However, keeping in view long affiliation of the petitioner with the said land through unlawful purchaser, I feel that the petitioner should not be disturbed. He is, therefore, allowed to purchase the said land on payment of price at Rs.20,000 per acre plus 10 per cent surcharge as special case. The petitioner should make payment of the price in 14 half-yearly. equal instalments. H.B.T./63/R Order accordingly.