Law: Cantonments Act, 1924

Section: 184,185

Law: Cantonment Land Administration Rules, 1937

Section: 9(5)

Cantonments Act (II of 1924)--- ----Ss. 184 & 185---Cantonments Land Administration Rules, 1937, R.9(5)---Cantonment land---Illegal occupantss assailed allotment of cantonment land to a housing society---Plea raised by petitioners was that they had occupied land in question till they were accommodated in some other location for their rehabilitation---Validity---Revenue department was to accommodate petitioners, if they were at all entitled under law on basis of possessory rights since 1965---Land in question could not be retained under garb of providing alternate land and same had already been allotted for defence purposes which could not be retained by any of petitioners under law---Grant/Allotment of state land on ground of mere possession was not right of an individual rather it was a grace---No person had any right or title in State land until a written order had been passed strictly in accordance with law and allottee/grantee lawfully took over possession in pursuance of such order---High Court declined to interfere in the matter as land in question was not allotted to petitioners nor they had lawfully obtained possession---Constitutional petition was dismissed in circumstances. Province of Punjab through Secretary Revenue and others v. District Bar Association, Khanewal 2014 SCMR 1611 and Suo-Motu case No.16 of 2011 rel. THIS JUDGMENT DELIVERED BY: ADNAN-UL-KARIM MEMON, JUSTICE:---.---Through this petition, the petitioners have challenged the allotment of land to New Town Housing Society and grant of 10/30 years lease in favour of Khamiso Hajano vide Entry No.130 dated 30.06.1991 in respect of the land situated in Deh Jamshoro. 2. Case of the petitioners is that they are in occupation of government land admeasuring 2-1/2 acres adjacent to Peons Colony behind Shahbaz Building Hyderabad since 1965 on the basis of possessory rights and in the year 1982, the petitioners were orally informed that aforesaid land falls within the Cantonment area; hence, they have to vacate the same. However, the petitioners approached the Cantonment Officer, Hyderabad for legalizing of the land occupied by them; but no heed was paid to their request and they decided to evict…

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