Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 7

Law: General Clauses Act, 1897

Section: 21

Law: West Pakistan Board of Revenue Act, (XI of 1957)

Section: 8,4(2),10(1)(2)

Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 167

(a) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----Ss. 7 & 10---West Pakistan Land Revenue Act (XVII of 1967), 5.164---West Pakistan Board of Revenue Act (Xl of 1957), S.8---Constitution of Pakistan (1973), Art.199---Constitutional petition---Grow More Scheme---Cancellation of allotment of land---Suo motu review power of Member Board of Revenue---Land in dispute was duly allotted to petitioners under "Grow More Food Scheme" and petitioners were delivered possession of said land, but allotment order in favour of petitioners, subsequently was withdrawn by Member Board of Revenue exercising suo motu powers of review---Order of allotment, was reviewed through impugned order on three scores; firstly, that disputed property had already been referred to Punjab Privatization Board; secondly, that Governor had already rejected allotment; and thirdly, that petitioners had committed fraud and concealed material fact of reference of said property to Punjab Privatization Board for its sale through auction---Punjab Privatization Board, in its report submitted in the high Court, had clearly mentioned that land in question had never been referred to it for sale through open auction---No other proof was available to the effect that any reference was made to Punjab Privatization Board---Member Board of Revenue, in circumstances had proceeded to review order on said ground without any substance or proof---Governor had rejected claim of petitioner, it was a fact that summary sent to the Governor was not formally approved---Summary was also silent as to the fact that no other land of same quality was available in the District concerned for allotment to petitioners, according to the orders of High Court---No specific instance in respect of fraud and misrepresentation had been mentioned---Petitioners were found entitled to allotment and their entitlement was not in dispute---All material was available upon which order of allotment was passed in favour of petitioners---Orders passed in review were declared to have been passed without any lawful authority and were of no legal effect---Said orders were set aside and orders allotting land to petitioners stood…

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