Law:

Section:

Land Reforms Act (II of 1977)--- ----S. 17---Land resumed by Federal Land Commission---Transfer of such land to Provincial Forest Department vide mutation---Cancellation of mutation/transfer---Past and closed transaction---Scope---Under the Land Reforms Act, 1977, the land in question was resumed, whereafter vide a mutation it was transferred to the Provincial Forest Department---Subsequently, suo motu action was taken by the Federal Land Commission and the transfer of the resumed land to the Provincial Forest Department was cancelled---Legality---Without giving any valid reasons, the Member Land Commission proceeded to cancel a past and closed transaction whereby the land in question which was mutated in favour of the Provincial Forest Department was cancelled---No reasonable cause or justification existed for exercising suo motu jurisdiction for the purpose of cancelling a past and closed transaction in favour of the Provincial Forest Department---Cancellation of mutation was thus set aside and Supreme Court directed that land in question shall be put to use as forest land only---Appeal was allowed accordingly. ORDER JAWWAD S. KHAWAJA, J.---The petitioner impugns the judgment of a learned Division Bench of the High Court dated 19-11-2013. 2. The facts of the case are straightforward. Under the Land Reforms Act, 1977, the land in question measuring 1737 acres 3 kanals and 3 marlas situated in Chak Fateh Khan and Chak Fatu Wala, Tehsil Fateh Jang was resumed. Thereafter, on 7-6-1990 vide mutation No. 31, this land was transferred to the Forest Department of the Punjab Government. It is contended on the basis of the revenue record that the land in question was 'ghair mumkin pahaar' and there was no cultivating tenant nor indeed was the land arable. The provincial government also sanctioned a sum of Rs.5.92 million for the development of the resumed land into forest land and out of this sum a substantial part was also expended. However on 25-10-1998, suo motu notice was taken by the Federal Land Commission and thereafter, vide order dated 7-5-1994 of the Federal Land Commission Islamabad, the transfer…

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