Land Grant Policy

2006 YLR 1359 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Para. 2(g)Hari, definition ofEntitlement to grant of land

Controversy in the present case, was with regard to entitlement of petitioners to grant of land in terms of statement of conditions

Revenue Officer granted half of land in dispute to the petitioner and other half to the respondent

Said order passed by Revenue Officer was set aside by Additional Commissioner with direction that matter be disposed of afresh

Revenue Officer on remand of the case, granted half of land to respondent alone and other half remained unattended

Appeal against said order was dismissed

Validity

Under definition of "Hari" as given in Para. 2 (g) of Land Grant Policy, 1972, entitlement to grant of land in order of preference was given; firstly to those persons who owned no land; secondly to those who owned less than 16 acres of land; in addition to said conditions, evidence of Haris who resided for ten years in Deh or in adjoining Deh, was also relevant consideration to earn eligibility

Forums below, right from Revenue authorities to civil Courts, found that petitioner did not satisfy said conditions

Petitioner was found possessing land more than ceiling set down under Land Grant Policy, 1972 whereas respondent was found without land

Respondent being landless Hari, was rightly held to have preferential claim over the petitioner

In absence of any jurisdictional error, revision filed by petitioner against impugned order was Heirs and another

Applicants dismissed with costs.

2000 YLR 1327 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Land Grant PolicyGuddu BarrageConstitution of Pakistan (1973), Art.199Constitutional petitionGrant of Guddu Barrage land was initially made in favour of petitioner which was subsequently cancelled

Petitioner failed to get the order of such cancellation set aside by the Authorities but both the Courts below decided the matter concurrently in favour of the petitioner

Respondent preferred revision petition which was pending in High Court

During the pendency of petitioner's case in the Trial Court, respondent managed to get the grant of same piece of land in his favour

Such fact was suppressed by respondent in proceedings before the Trial Court

Despite the fact that both the Courts below had concurrently decide the matter in favour of petitioner, the Authorities refused to cancel the grant of land in favour of the respondent

Validity

Grant in favour of the petitioner having been validated by the decree of the Civil Court had rendered the grant in favour of the respondent ineffective and of no legal effect

By not disclosing the grant of disputed land in his favour, the respondent was guilty of suppression of material facts from the Court

Orders passed by the Authorities suffered from serious inherent defect and were passed without lawful authority

Such orders being of no legal effect were set aside in circumstances.

1986 CLC 2682 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 164Land Grant Policy, para. 6Revisional jurisdiction, exercise of

Cancellation of grant due to infringement of conditions of grant-Cancellation of grant by Revenue Officer, held, would not be proper where no notice for cancellation thereof, was served on affected person-While cancelling grant Revenue Officer also failed to take into view reasons advanced by petitioner relating to seepage and salinity in soil for non-cultivation thereof

Board of Revenue in revisional jurisdiction restored grant to petitioner without penalty.

1986 MLD 13 BOARD-OF-REVENUE-SINDH Judicial Precedent

S. 161Land Grant Policy, para. 6(2)(3)State land

Disposal of-Grant of land by Revenue Officer not determining eligibility of parties, would offend against provisions of para. 6(2)(3) of Land Grant Policy-Additional Commissioner's finding based on determination of eligibility, held, was unexceptionable.

1986 MLD 11 BOARD-OF-REVENUE-SINDH Judicial Precedent

Land Grant PolicyPara. 6(4)State landDisposal ofState land, held, could be disposed of in open Katchery

Claimant not contesting in such hatchery, would have no cause of action and no appeal could lie against non-grant of land in circumstances.

1986 MLD 10 BOARD-OF-REVENUE-SINDH Judicial Precedent

Land Grant PolicyPara. 4(b)Natural justice, principles of

Cancellation of lease of land during subsistence of lease tenure without giving notice for such cancellation, held, would violate principles of natural justice and would be improper.

1963 PLD 99 WEST-PAKISTAN-BOARD-OF-REVENUE Judicial Precedent

Land Grant Policy

Landless Hari-Entitled to land cultivated by him since 1951.