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

Section: 10,4,11,24,27(c)

Law: Constitution of Pakistan, 1962

Section: 6,13,14,15

Colonization of Government Lands (Punjab) Act (V of 1912)-----   -----S. 10 - Ejected tenants Scheme introduced vide Provincial Government's letter No. 652-TH, dated 17-7-1952 read with Memo. No. COL-SI24157 (41167), dated 8-10-1960-Allotment of land under "Ejected Tenants Scheme"-Purely temporary in character-Allotment in nature of "Scheduled Tenancy". contem plated by proviso to S. 4, Colonization of Government Lands (Punjab) Act, 1912-Government competent to resume land without offering any alternative land to such allottees-Condition No. (viii) in Memo. No. COL-SI24157 (41167), dated 8-10-60 providing for resumption by Government of land falling within "prohibited limits" on one hand and conferring, on other hand, proprietary rights to allottees of lands situate outside such limits-Neither arbitrary nor discriminatory nor inequitable Constitution of Pakistan (1962), Art. 6, Fundamental Rights Nos. 13, 14 & 15-Colonization of Government Lands (Punjab) Act (V of 1912), Ss. 4, proviso, 11, 24 & 27(c).   Date of hearing : 4th November 1965.    ORDER   MUHAMMAD GUL, J.-This order will dispose of W. P. Nos. 1543, 1544, 1752, 1790, 1847, 1866 and 1904 of 1965 the points of law and facts bearing on all the petitions being the same.   The petitioners in each case were allotted certain landunder what is described as the "Ejected Tenants Scheme" intro duced in 1952 vide Provincial Government's letter No. 652-TH, dated the 17th July 1952, under section 10 of the Colonization of Government Lands (Punjab) Act, 1912. The Scheme was amended from time to time and has since been abolished in 1960 vide Memorandum No. COL-S/24/57 (41167), dated the 8th October 1960. Under this Memorandum, the Government decided to grant proprietary rights to allottees of land under the "Ejected Tenants Scheme" on certain conditions. Condition No. (viii) provided that the allottees of land situate within a radius of 10 miles of the outer limits of first class Municipalities and 5 miles of other Municipalities or Town Committees (here inafter called the `prohibited limits') shall not be eligible…