Law: Land Reforms Regulation, 1972

Section: 8(2)(i), (ii), 7(i)(a)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Land Reforms Regulation, 1972 [M. L. R. 115] Para. 8(2)(i), (ii)-Additional area-Word "his" in cl. (ii)-Refers to ownership of bit of land carrying tubewell-Benefit of retention of additional area on account of tubewell-Available only to person owning such land -Notification No. DEH-788/72/2328-LC (IT) Gazetted on 23-6-1972. Before a person can - claim benefit of retaining an additional area on account of a tubewell he has to establish that the tubewell was installed on "his" land. The word `his' it will have to be conceded, has reference to the ownership of that bit of land where the tubewell is installed. (b) Land Reforms Regulation 1972 [M. L. R. 115]  Para. 8(2)(i), (ii) - Additional area-Fixation of entitlement for additional area in proportion to share of petitioner in site/tubewell, held, justified. (c) Land Reforms Regulation, 1972 [M. L. R. 115] Para. 7(i)(a)-Additional area-Declarant at relevant time holding land in excess of permissible limit-Transfer of bit of land carrying tubewell by way of surrender or otherwise by such declarant-Void and cannot be given effect to. (d) Land Reforms Regulation, 1972 [M. L. R. 115] Para. 8(2)-Land with reference to which additional area has to be worked out on account of tubewell-dust be such holding of decla rant as was with him on 10-3-1972 and not a holding increased by transfer after commencement of M. L. R. No. 115. Sub para. (2) of para. 8 authorises a declarant to retain certain additional area "out of the area of land he was holding immediately before the commencement of this Regulation" and is a pointer towards the fact that it is only that holding of the declarant which w is with him on 10-3-1972 (11-3-1972 being the date of the enforcement of the Regulation)-and not a holding which may have increased by transfer after the commencement of the Regulation, with reference to which additional area has to be worked out rateably or otherwise on account of a tubewell. (e) Land Reforms Regulation, 1972 [M. L. R. 115] Pare. 8(ii)-Words "his land" in cl. (ii)-Refer to share of declarant held on 20-12-1971 and not to land subsequently acquired by transfer. The…