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

Section: 10(2)

Law: Constitution of Pakistan, 1973

Section: 199

Colonization of Government Land (Punjab) Act, 1912-- ----S. 10(2)--Constitution of Pakistan, 1973, Art. 199--Constitutional petition--Renewal of leases--Issuance of statement of conditions--Temporary cultivation scheme--Unrestricted public auction--Change of character of charagah--Scope of--Public purpose--Powers of Government to grant lease--Principle of approbate and reprobate--Maintainability--After scanning policies on subject for grant of lease or proprietary rights, it clearly evinces that Charagah land has expressly been excluded from any further allotment/ grant--Charagah lands/state land have expressly been excluded from every grant/allotment, as such, its any alienation or grant of proprietary rights thereof are not in consonance with policies--Charagah land cannot be converted into state land for its onward allotment against any sort of claim and same shall not be used for any other alternative purpose except with prior permission of Board of Revenue and any change of character of Charagah land was only subservient to any manifestly described wider scope of glorified public purpose, which change of character/nature of Charagah is only vested with Board of Revenue who has to objectively ascertain public purpose with judicious application of mind by demonstrating all superior objectives of public purpose--Respondent-Government in order to save state land situated within prohibited zone/ Charagah land is only empowered to grant leases for specific period--Admittedly all petitioners availed benefits of Govt. of conditions of lease issued from time to time by Government of Punjab under Section 10(2) of Act, 1912 and now they are challenging vires of said Notification--They are beneficiaries of policies/statement of conditions issued by Govt. of Punjab under Section 10(2) of Act, as such, case of petitioners is fully hit by principle of approbate and reprobate--It is settled law that constitutional Courts ordinarily avoid to interfere in policy matter or policy decision making of Govt. if it is not in violation of any law or Constitution of Pakistan, 1973--Even no argument has been advanced as to how policy is against any provision of law or Constitution…

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