Law: Land Grant Policy

Section:

Law: Land Revenue Act, 1967 (XVII of 1967)

Section: 172

Summary of Judgment by Justice Zulfiqar Ahmad Khan

The Civil Revision challenges two consolidated suits regarding a land dispute over 5 acres in Deh Bhanjro, Taluka Ghotki. The respondents (No.1 to 10) filed a suit for declaration and permanent injunction asserting that the land was originally granted on harap basis to the applicants but later the grant was cancelled due to the land being within 20 chains of a village area used for communal purposes (houses, school, graveyard, Eidgah). The cancellation was upheld by the Member, Board of Revenue in 1979 and 1980. However, the applicants appealed and the Additional Commissioner reversed the cancellation in 1981 without notifying affected parties, violating natural justice. Respondents challenged this 1981 order as illegal.

The applicants filed their own suit claiming lawful ownership based on the grant and revenue records, alleging the respondents unlawfully encroached and attempted constructions. The trial court decreed in favor of the respondents, dismissing the applicants’ suit. The appellate court upheld this decision.