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

Section: 4 , 10 , 15

  Colonization of Government Lands (Punjab) Act (V of 1912)--- ----Ss. 4, 10 & 15---Allotment of land---Cancellation of---Petitioners were in cultivating possession of land in dispute which was given to them on lease--Proprietary rights in respect of land were given to petitioners subsequently who paid almost entire sale price of land except last instalment---Land was cancelled from names of petitioners---On failure to pay last instalment petitioners stated that they were ready to pay the last instalment immediately---Order of Authority giving proprietary rights to petitioners had never been assailed by any other interested party---Petitioners who were willing to pay immediately the last instalment of remaining price of land, could not be deprived of their proprietary rights in respect of land in question. Khalid Mahmood Farooqi for Petitioners. Rana Muhammad Arshad Khan, AA.-G. and. M. Iqbal Vehniwal for Respondent. A.S. Hashmi for Respondent No. 1. Date of hearing: 6th May, 1991. JUDGMENT This order shall dispose of: W.P.No.3 of 1991 titled Fateh Khan v. Member (Colonies), B.O.R. etc. W.P. No.4 of 1991 titled Muhammad Yaqub v. Member (Colonies) B.O.R. etc. W.P. No.5 of 1991 titled Fateh Khan v. Member (Colonies), B.O.R. etc. W.P.No.6 of 1991 titled Rafi Ullah v. Member (Colonies), B.O.R. etc. together as common questions of law and facts arise in all these matters.   Shortly stated, the facts of the case are that the petitioners were given the land in question on lease basis in the year 1976. The petitioners are in the cultivating possession of the land. On 29-3-1981, the learned Collector, Bhakkar, decided the controversy by saying that ownership rights of the land shall be given to the petitioners provided they pay its price. It was directed that the first instalment of the price shall be paid by the petitioners on 1-7-1983. It is contended by the learned counsel that the petitioners have almost paid the entire price of the land to the Government. In support of the plea, the learned counsel has relied upon Annexures `D' and `E' showing payment of the sale-price. It has also been brought to my notice that Fateh…