Law:

Section:

Sind Land Revenue Code----   -----S. 65-Construction of village in 1943 on advice of Revenue and P. W. D. Staff with pacca and katcha houses and farm buildings, with no shops or hamsaiabs-Does not come under prohibition contained in S. 65.   ORDER   I have heard the Commissioner, Khairpur Division on behalf of State.   This is a revision petition from Ghulam Umar Khan Umar against the order dated the 8th September 1961 of the Additional Commissioner, Khairpur Division, directing demilition of village Aliabad constructed by the petitioner, which he claims to have put up in an area of 5 to 6 acres agricultural land belonging to him, since the year 1943. He further claims that he was advised both by the Revenue and P. W. D. Authorities to shift from his old village "Nauabad", which was constantly threatened by floods of the Indus River. Thereupon he constructed his pacca houses as well as katcha houses for his tenants etc. He named this habita tion as "Aliabad", and claims to have done so under section 65 of the Sind Land Revenue Code. In the year 1958, he came to know that his village was not recognized and, therefore, approached the Deputy Commissioner to accord sanction to the new hamlet. Strangely enough this was refused.   The refusal was confirmed by the Additional Commissioner in his order dated 8-9-1961, on the ground that "according to Government policy new and scattered village sites are discouraged because amenities of education, health, communication and safety cannot be extended to them. The law and order situation in the area also depends primarily, on the absence of these small bastis. As such the police is always consulted". The order goes on to show that there are 3 villages Jhunga, Bharam and Mad Bahu in the vicinity of the new village Aliabad, being within a radius of 2 miles. Although he mentions that "Revenue Authorities have reported that there is no space at all in these three villages" yet the Additional Commissioner suggested that "this hurdle could be overcome by adding nearby nakabuli or acquiring kabuli land to the existing abadi". He has also referred to S.…