Law: West Pakistan Land Reforms Regulation, 1959

Section: 16, 17, 18

(a) Land Reforms Regulation, 1959 [M. L. R. 64] Paras. 16, 17 & 18-Resumption of excess land- Words "any in-cumbrance" in para. 16-Held, governs customary rights of grazing and cutting grass in certain mountain area-Resumption of such mountain area by Government free from encumbrance-Not arbitrary exercise of power-Rights of legitimate owners of encumbrances, however, protected under para. 16(2) and such owners also entitled to compensation under paras. 17 & 18.-[Words and phrases]. Nadir Khan and others v. Niamatullah Khan and others P L D 1961 Pesh. 131; Managing Committee, George High School v. Abdul Karim Khan and others A I R 1935 All. 895; Yaraset Basirhat Light Railway Co. Ltd. v. Krisingha Charan Nandi Chowdhury A I R 1943 Cal. 128 and Mst. Daroupadi Dehi and another v. S. K. Dutt and another A I R 1957 All. 48 ref. (b) Land Reforms Regulation, 1959 (M. L. R. 64) Para. 16-Word "encumbrance"-Definition.-[Words and phrases). Law Lexicon by Aiyar, pp. 389, 578 ref. Dates of hearing : 31st July and 1st August 1975.                                                                                                                                                     JUDGMENT This revision petition has been moved by Muhammad Akbar Jan and others, who sued in representative capacity so as to secure a declaration as also a permanent injunction that the residents of 'Khiri Banda' and 'Banda Daud Shah' have grazing rights in the mountain area fully described in the plaint, which has been resumed under Martial Law Regulation No. 64 by the Land Commission, defendant No. 1, and has been transferred to the Forest Depart ment and D. F. O. Kohat, defendants 3 and 4 respectively, adding that these rights were being enjoyed by them since long for over 100…