1979L179 (PLP)

The petitioners are the legal heirs of late Mian Muhammad Hayat who filed a declaration of his holdings under Land Reforms Regulation, 1972 before his death. The dispute in this case relates to the calculation of Produce Index Units in respect of the land of the declarant which stands devolved now on the petitioners. According to the revenue record the land has been classified in part as Nehri Awal and in part as Banjar Jadeed and Qadim. This fact is not controverted. But since the land has now come within the Municipal limits of Lyallpur it is being treated by the Land Commission Authorities as Special Class Town land. The result is that the Produce Index Units have been calculated at the rate of 108 per acre whereas for Nehri land it should be, according to the learned counsel for the petitioners, 81 units per acre. These rates are not in dispute. The only controversial issue is whether the land should be treated as Special Class Town or Nehri and Banjar as the case may be. The Provincial Land Commission as well as the Federal Land Commission has held that the land being situate within the Municipal limits, is by reason of that fact alone Special Class Town land. Having failed to persuade them to treat the land otherwise than as Special Class Town land, the petitioners pray for interference by this Court in the exercise of its writ jurisdiction. The relevant provision of law is paragraph 12 of the Land Reforms Regulation wherein it has been clearly provided that the relevant classification of soil will be the one entered in the revenue records for Kharif 1966 and Rabi 1966-67 for persons who owned and possessed land in excess of they prescribed limit on the 1st of March 1967, and the revenue records for A Kharif 1969 and Rabi 1969-70 for those who owned and possessed land in excess of the limit on the 20th of December, 1971. In view of this provision of law it is not open to the Land Commission Authorities to adopt any other method for determining the class of land. It appears that on the 17th of July 1974 the Land Commission issued a circular in respect of lands failing within the limits of a Municipal Committee or a Town Committee directing that for such land Produce Index Units should be increased by 15 % over the prescribed rate. The impugned decisions of the Land Commission Authorities do not conform even to this circular. However the circular itself is ultra vires the Land Reforms Regulation. It is thus clear that the impugned orders have been passed without lawful authority and are of -no legal effect. They are accordingly declared as such. The concerned authorities are directed to follow the relevant law strictly in calculating Produce Index Units of the petitioner's land. The parties are, however left to bear their own costs. s, Q, Petition accepted.