| Citation(s) |
|---|
| 2017 SLG 989 2017 SLD 989 2017 PLJ 130 |
Supreme Court of Pakistan
Civil Petition No. 928-L of 2015, decided on 20.10.2016. Date of hearing: 20.10.2016. (On appeal against the judgment Dated 19.02.2015 passed by the Lahore High Court, Lahore in Writ Petition No. 193/2013)
EJAZ AFZAL KHAN, JUSTICE, DOST MUHAMMAD KHAN, JUSTICE, FAISAL ARAB, JUSTICE
Mr. Akhtar Masood Khan, ASC and Mr. M. Ozair Chughtai, AOR (Absent) for Petitioner. Mr. Razzaq A. Mirza, Addl. A.G. for
Respondents (1-2). Mr. M.A. Ghaffar ul Haq, ASC for
Respondent (3). Mr. Muhammad Anwar Khan, AOR (Absent) for
Respondent (3).
Civil Petition No. 928-L of 2015, decided on 20.10.2016. Date of hearing: 20.10.2016. (On appeal against the judgment Dated 19.02.2015 passed by the Lahore High Court, Lahore in Writ Petition No. 193/2013)
EJAZ AFZAL KHAN, JUSTICE, DOST MUHAMMAD KHAN, JUSTICE, FAISAL ARAB, JUSTICE
Mr. Akhtar Masood Khan, ASC and Mr. M. Ozair Chughtai, AOR (Absent) for Petitioner. Mr. Razzaq A. Mirza, Addl. A.G. for
Respondents (1-2). Mr. M.A. Ghaffar ul Haq, ASC for
Respondent (3). Mr. Muhammad Anwar Khan, AOR (Absent) for
Respondent (3).
2017 PLJ SC 130 JAN MUHAMMAD ER
VS
MEMBER (COLONY) ETC. --RespondentS
Law:
Section:
Colonization of Government Land (Punjab) Act, 1912 (V of 1912)-- ----S. 30(2)--Grow More Food--Notification--Scheme was launched--Barren state land for growing food grains--Terms and conditions of lease--Temporary leases were granted for specific period--Leasee failed to cultivate lease land, lease would be terminated--Possession reverted back to state--Alternate land was to be given only where terms and conditions on which temporary leases were granted--Validity--Only such allottees, were to be accommodated in alternate areas with same rights as they would have exercised in lands originally allotted to them--Case was remanded. THIS JUDGMENT DELIVERED BY: FAISAL ARAB, JUSTICE:---.--- On 23.11.1956, the Board of Revenue of the then West Pakistan launched a Scheme described as 'Grow More Food'. Under the said scheme, the barren state land was to be leased out in compact blocks of not exceeding 12½ acres for growing food grains. Temporary leases were initially granted for a period of three years, which period was subsequently enhanced to five years. After expiry of five years, leases were extended for another one year. It was one of the terms and conditions of the lease that in case the lessee fails to cultivate the leased land or any part thereof, the lease shall terminate. Thereafter, vide Notification No. 5449-58/7272-C(G) dated 29.10.1958 this condition was relaxed and it was provided that at-least 50% area must be brought under cultivation to avoid termination of the lease. 2. Vide notification dated 22.10.1962 Bearing No. 4826-62/4419-S (G) III, the state land leased out under 'Grow More Food Scheme' was to be sold by private treaty to the lessees to the extent of 12 ½ acres with the maximum upper limit of 13 acres to those lessees only who are self cultivators and whose term of temporary lease had expired in Rabi 1962 or on any other period thereafter, except for such lands, which fall within certain radius of a town or municipality limits. 3. Vide notification dated 01.06.1970 Bearing No. 5086-69/1683-CL III, it was made clear that where a lessee cannot be granted proprietary rights on account of the land being in the proximity of a municipality or town or…
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