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

Section: 24, 12, 7, 10, 27(B)

(a) Colonization of Government Lands (Punjab) Act (V of 1912), S. 24-Renewal of tenancy refused by Collector, on account of alleged default on part of tenant, without hearing him-Order passed without following principle of natural justice - Raid, void - Sub sequent orders of appellate or revisional authorities also void. Mansab All v. Amir and 3 others P L D 1971 S C 124; Mohammad Swaleh v. United Grain and Fodder Agencies P L D 1964 S C 97; Home Secretary to the Government of West Pakistan, Lahore and others v. Jan Mohammad and another P L D 1963 S C 333 and Government of West Pakistan and 2 others v Muhammad Akhtar Mir P L D 1971 S C 55 ref. (b) Natural justice, principles of-To be read in every enact ment-Administrative act affecting right of a person in property or status or otherwise bringing penal consequences-Opportunity to show cause must be given. Principles of natural justice are to be read in every enactment and in case of any administrative act, affecting the right of a person, in property, or his status or otherwise bringing penal consequences, opportunity to show cause must be given. Salyyid Abul Ala Maudoodi and others v. The Government of West Pakistan l' L D 1964 S C 673; Commissioner of Income-tax, East Pakistan v. Fazlur Rahman P L D 1964 S C 410 and The Uni versity of Dacca through its Vice-Chancellor and another v. Zakir Ahmad P L D 1965 S C 90 ref. (c) Colonization of Government Lands (Punjab) Act (V of 1912),S. 24-Putting tenant in possession of specified area of land-Not a sine qua non of allotment in his favour. Karam Din v. Member. Board of Revenue, West Pakistan, Lahore and others P L D 1968 Lab. 321 ref. (d) Tenancy-Period of tenancy expiring but tenant continuing in possession-Position of such tenant, not that of a trespasser but that of a "tenant holding over". (e) Colonization of Government Lands (Punjab) Act (V of 1912), S. 24 read with S. 12-Tenant not putting up a permanent residence in village-Breach of condition, rectifiable-Such mistake not made a ground of resumption of tenancy during preceding tenure of tenancy-Held, cannot be made basis for refusal to renew tenancy. Ahmad Khan v. The Government of West…