2009 PLP 652 (YLR)
WARYAM — Petitioner Versus THE STATE and another — Respondents
| Citation | 2009 PLP 652 (YLR) |
| Forum / Court | Federal Land Commission |
| Bench Members | A. Waheed Bhatti, Member |
| Parties | WARYAM — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | Land Reforms Regulation, 1972 [M. L. R. 115] |
Q1: What are the key laws and sections cited in 2009 PLP 652 (YLR)?
This judgment primarily cites: Land Reforms Regulation, 1972 [M. L. R. 115] as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 652 (YLR)?
The case was heard and decided by the Federal Land Commission bench comprising: A. Waheed Bhatti, Member.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 652 (YLR) (WARYAM — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arshad Malik Awan and Muhammad Irshad Chaudhary for Petitioners.
- Munawar Hussain for Respondents.
Headnotes / Summary
Paras. 5, 12, 18, 25 & 29
Land Reforms Act (II of 1977), Ss. 7, 18 & 22
Resumption of land of declarant
Allotment to tenants
Giving tractor concession to declarant
Land of lady declarant was resumed by Deputy Land Commissioner in the year 1973 and same was allotted to petitioner tenant in the same year
After lapse of 34 years Deputy Land Commissioner started proceedings of the said case on the basis of order passed by Additional Chief Land Commissioner in which declarant from whom land was resumed had been given benefit of tractor concession
Additional Chief Land Commissioner did not possess the powers to decide the land reform cases at the time of passing the impugned order as notification empowering Additional Chief Land Commissioner was issued after about one year and eight months from passing the impugned order
Order passed by Additional Chief Land Commissioner, being without jurisdiction was of no legal effect
Proceedings initiated by Deputy Land Commissioner returning certain area to declarant from whom land was resumed, on account of tractor concession were also illegal, which should be set aside
Allotments of allottees/tenants were to remain intact. PLD 1977 Lah. 442 ref. Arfan Khan, Representative, Punjab Land Commission. Asif Hussain, Representative, Deputy Land Commissioner, Jhang.
Judgment & Decree
A. WAHEED BHATTI, (MEMBER).
This petition has been filed by the allottees tenants/petitioners against the proceedings initiated by the Deputy Land Commissioner (DLC), Jhang on the basis of an order dated 16-6-1973 passed by the Additional Chief Land Commissioner (ACLC), Punjab, in which the declarant has been given benefit of 2000 PIUs of tractor concession.
2. The facts so far as relevant to the issue are that the land equivalent to 4678 PIUS of the lady declarant Mst. Roshnai Bibi D/o Ghulam Fatima W/o Hassan Shah R/o Jani Shah, Tehsil Chiniot, District Jhang was resumed by the DLC, Jhang in the year 1973 and allotted to the tenants/ petitioners in the same year. After lapse of 34 years, the DLC, Jhang started proceedings of the said case on the basis of an order dated 16-6-1973 passed by the ACLC, Punjab wherein the lady declarant had been given the benefit of 2000 PIUs of tractor concession.
3. I have heard the learned counsel for the petitioners while respondents (one of the heirs of lady declarant Syed Munawar Hussain Shah) appeared and pleaded their case in person. Two main points were argued by the counsel for the petitioners. Firstly, that the order of ACLC dated 16-6-1973 appears to be fabricated as the same has never been implemented in the field record not the benefit was claimed for such a long time and at the time of resumption no such proof was produced before the Land Commission Authorities. Secondly, if the said order had actually been passed by the ACLC, he would not have possessed any jurisdiction of authority to decide the land reforms cases at the time of decision. The counsel relied upon a judgment reported in PLD 1977 Lah. 442.
4. Taking these facts into account and after examination of all the record including the notifications issued by the Punjab Land Commission thereof, it is established that order dated 16-6-1973 of ACLC had actually been passed as he was appointed on 9-4-1973 vide following notification:
No. EA-184-73/1412-LC (II).
Pursuant to Government of Pakistan Cabinet Secretariat Establishment Division Notification No.33(2)/73-A1, dated the 12th March, 1973, Mr. S. Muhammad Nasim, CSP, took over as Additional Chief Land Commissioner, Punjab with the rank, status and pay of Member Board of Revenue, Punjab with effect from the forenoon of 9th April, 1973.
5. However, it is also established and confirmed by the judgment of Honourable High Court that the ACLC had not possessed the powers to decide the land reforms cases at the time of passing this order as the notification empowering the ACLC was issued on 15-2-1975, vide Notification. No.P 1-6/75/660-LC (II), dated 15-2-1975. As such the order dated 16-6-1973 of ACLC is without jurisdiction and of no legal effect. Resultantly, the proceedings initiated by the DLC, Jhang for returning the area of 2000 PIUs on behalf of tractor concession are also illegal, the same should be stopped. Allotment to the tenants made in the year' 1973 shall remain intact.
6. Judgment in this case was reserved to study the record. Parties and their counsel will be informed directly as well as through DLC, Jhang accordingly. H.B.T./10/Rev. Petition allowed.