Law:

Section:

Punjab Thal Development Act (XV of 1949)--- ----S. 21(2)-Exchange of land in Thal area-Section 21 contemplates framing of a scheme for acquisition by purchase, lease, exchange, or otherwise, of any land or interest in land and not individual acts of exchange--No provision in Act permits exchange of proprietary lend with State land for consolidation of entire holding proprietor in another village. ORDER ANWARUL HAQ, J.-This petition is barred by four days, and the delay sought to be explained by the fact that the petitioners had first filed an appeal under clause 10 of the Letters Patent, which was not found to be maintainable by the learned judges of the Division Bench On the authority of Nazar Muhammad v. Mst. Shahzada Begum (PLD 1974 S C 22), we would condone this delay and proceed to consider the petition on merits. This petition seeks leave to appeal against an order made by a learned Judge of the Lahore High Court on 13-2-75, dismissing in limine writ petition filed by the petitioners in respect of certain agricultural land situate in Chak No. 590/T. D. A. in Tehsil Kot Addu of the Muzaffargarb District. The petitioners had also filed an appeal under the Letters Patent, but the same was dismissed by a Division. Bench of the High Court by its order dated 4-4-75 on the ground that this vas not maintainable ire view of the provisions contained in the proviso to subsection (2) of' section 3 of the Law Reforms (Amendment) Act, 1972. The learned counsel does not challenge the correctness of this order. The relevant facts are that one Sajawal was the owner of proprietary land which was acquired by the Thal Development Authority under the provisions of the Thal Development Act, 1949, and by way of regrant he was given land measuring 102 kanals in two Chaks bearing Nos. 587/T. D. A. and 592/T. D. A. He sold this land to Hasan Muhammad (Petitioner No. 1) on 7-9-56. On 18-9-73, Hasan Muhammad made an application before the Extra-Assistant Colonisation Officer, Leiah, requesting that as ha was already holding land in Chak No.590/T. D. A., his holding in villages No- 587/T. D. A. and 592/T. D.A, may also be exchange with State land in Chak No. 590/T. D. A. This request…

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