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

Section: 10

(a) Colonization of Government Lands (Punjab) Act (V of 1912) S. 10-Pedigree Livestock Breeding Scheme-Grant of lease under scheme for initial period of 10 years-Clause in statement of conditions of grant stipulating that "before the expiry of the tenancy . . . . . the tenant may apply to the Collector and . . . the Collector may renew it for a further period not exceeding 5 years at a time"-Use of word "may", held, could not be read as "shall" and did not confer any right of renewal in favour of tenant-Government competent to resume land and Collector could refuse renewal in "the welfare of the State." A number of persons were granted various parcels of land under the Pedigree Livestock Breeding Grant formulated under section 10 of the Colonization of Government Landi (Punjab) Act, 1912. The statement of conditions stipulated that the initial period of lease in each case was ten years but at the same time it stipulated that if the Collector was satisfied that the tenants had complied with all the terms and conditions of the tenancy he "may" renew the lease for a further period not exceeding five years at a time. The Government subsequently issued a Memorandum providing that leases under the scheme in favour of non-lambardars should not be renewed and the Collector in compliance with the directions refused to renew leases in favour of non-lambardars. Aggrieved by the refusal a writ petition was filed by them in the High Court wherein it was urged that the word "may" in the clause of the statement of conditions should be read as "shall" and that there being no allegation of the petitioners having violated any of the terms contained in the statement of conditions the Collector could not refuse renewal. Held : One of the most essential pre-requisites of converting discretion into a duty to be performed on mere application is that the applicant must have a right to the performance of the "duty" by the public functionary. There is no such right in this case. The land admittedly belongs to Government. The Government decided to utilise the land for breeding pedigree livestock in certain…