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

Section: 102, 10

(a) Colonization of Government Lands (Punjab) Act (V of 1912)  S. 102 read with Ejected Tenants Scheme dated 28th March, 1963 Violation of statements and conditions" Civil Court, powers of Colonization officers possess no independent jurisdiction of their own and bound to settle land on persons concerned in accordance with "statements and conditions" or schemes promulgated by Government"Statements and conditions" Constitute a law on subjectColonization officers violating such law in garb of putting unwarranted interpretation or construction of sameAct in excess of their power and authorityCivil Court, in circumstances, possessed of jurisdiction to strike down orders of Colonization officers. Thakur and another v. Bengal Duars Bank Ltd. A I R 1948 P C 33 ; Karim Dad v. Arif Ali and another P L D 1978 Lab. 679 and Jiwana v. Mst. Sahbi P L D 1954 Lab. 253 ref. (b) Colonization of Government Lands (Punjab) Act (V of 1912)  S. 10 read with Ejected Tenants Scheme dated 28th March 1963 Plaintiffs "ejected tenants" and earlier allotted land in dispute under Ejected Tenants SchemePlaintiffs still in possession of land by time scheme dated 28th March 1963 issued and neither ejected from land nor put in possession of alternate land as previously ordered Land in dispute, in circumstances, held, could be dealt with under Scheme dated 28th March, 1963. (c) Colonization of Government Lands (Punjab) Act (V of 1912)  S. 10 read with Ejected Tenants Scheme dated 28th March 1963 RetrospectivelyLaw contained in letter/Scheme dated 28th March, 1963 coming into field before actual ejectment of tenant and bestow ing rights on tenants in possession on such dateSuch law, held, cannot be said to be retrospective in any mannerPlaintiffs being admittedly in possession on relevant date rightly held to be eligible for grant of proprietary rights under Scheme. Date of hearing : 15th April, 1979.                                                                        …