Consolidation of land

2025 CLC 243 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss.11 & 13Constitution of Pakistan, Art. 199Constitutional petitionConsolidation of landAlternate and efficacious remedy, non-availing of

Petitioner assailed allotment of land in favour of private persons as a result of consolidation proceedings conducted in year 1984-85

Validity

Any aggrieved person could challenge under S.11 of Punjab Consolidation of Holdings Ordinance, 1961, an order of Consolidation Officer confirming the scheme within sixty days before Collector and second appeal laid before Commissioner

Board of Revenue under S.13 of Punjab Consolidation of Holdings Ordinance, 1960 was empowered to call for and examine record of proceedings at any time suo motu or on application of aggrieved person

High Court declined to interfere in order of Consolidation Officer, as petitioner did not avail any of such remedies

Constitutional petition was dismissed, in circumstances.

2013 MLD 565 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S.26Specific Relief Act (I of 1877), Ss.8 & 42Suit for possession and declarationConsolidation of landJurisdiction of civil courts

Plaintiff claimed to be owner of land situated in specific Khasra number and sought possession of the same on the basis of consolidation by revenue authorities under West Pakistan Consolidation of Holdings Ordinance, 1969

Defendant in counter case resisted the suit of plaintiff and claimed to be owner of land situated in Khasra number in question

Trial Court decreed suit filed by plaintiff and dismissed that of defendant but Lower Appellate Court reversed findings and suit filed by defendant was decreed in his favour whereas that of plaintiff was dismissed

Validity

Land of all land owners of the "Muaza" (village) was consolidated in consolidation proceedings and then it was distributed according to entitlement of every person or group of persons

If Khasra number in question was given by consolidation authorities in entitlement to plaintiff, and if there was any claim of defendants with regard to that Khasra number, then defendants had a right of appeal in consolidation hierarchy

When right of defendants in Khasra number in question was accepted then plaintiff would have been compensated by alternate land

Defendants had opted not to file any appeal etc. against confirmation of consolidation proceedings, therefore, plaintiff and others were recorded owners of Khasra number in question in "Jamabandi" as well as in mutation of distribution of consolidated land

Judgment and decree passed by Lower Appellate Court was against available record and law as under S. 26 of West Pakistan Consolidation of Holdings Ordinance, 1969, jurisdiction of civil court was barred

High Court, in exercise of revisional jurisdiction set aside judgment and decree passed by Lower Appellate Court and restored that of Trial Court

Revision was allowed in circumstances.