Case Details

Citation(s)
1979 SLG 601 1979 SLD 601 1979 SCMR 415
Supreme Court of Pakistan
Civil Petitions for Special Leave to Appeal Nos. 230, 232, 233 and 234 of 1976, decision dated: 13th May 1978.
QAISAR KHAN AND G. SAFDAR SHAH, JJ
Nazir Sheikh, Advocate Supreme Court with Raga Abdul Razaque Advocate on-Record for Petitioners. Nemo for
Respondents

SHERU ETC.

VS

MEMBER, BOARD OF REVENUE (COLONIES) ETC.-

Law:

Section:

Punjab Colonization of Government Lauds Act (V of 1912)---- -------S. 12 read with `Grow More Food Scheme' Allotment under `Grow More Food Scheme', prior right to Respondents prior allottees under 'Grow More Food' Scheme but, land resumed for default in rent and allotted to respondents Restoration of land to prior allottees, held, un¬exceptionable, particularly when petitioners offered alternate land as compensation Petitions dismissed on, merits in circumstances. ORDER QAISAR KHAN, J. This order will dispose of Civil Petitions for Special Leave to Appeal Nos. 230, 232, 233 and 234 of 1976 as these pertain to the same property and are between the same parties. Some State land situated in Chak No. 81/RB, Tehsil and District Sheikhupura had been allotted to Mohammad Rafiq. Mohammad RamzAn, Mohammad Saleem and Abdul Hamid, hereinafter to be referred to as `Grow More Allottees, under the `Grow More Food' Scheme sometimes in 1958. The allottees made default in payment of rent and the Collector by his order dated the 14th of March, 1968, cancelled the allotment in their names. The additional ground for the cancellation was that the land was found to be within five miles radius of a town. The Grow More Allottees, went up in appeal to the Commissioner and the Commissioner accepted the appeal with the condition that the allottees should clear the arrears of rent by the 10th of January, 1969, failing which their appeal shall stand dismissed. The allottees did not deposit the arrears within time and the Collector thereupon by his order dated the 25th of May, 1969, resumed the land from the Grow More Allottees. The land was thereafter allotted by I the Collector to Mohammad Ali son of Daulat, Sheru, Mohammad Ali son of Wasawi, Mohammad Sharif and. Mohammad Siddiq hereinafter to be referred to as Lease Scheme Allottees; under 15 years' lease. scheme on the 25th of May 1971. Subsequent to this allotment the Grow More Allottees obtained an order from the Collector for the deposit of the arrears of rent due from them and pursuant to that order deposited the arrears of rent on the 5th of August 1971. After depositing the arrears the Grow More Allottees filed appeals before the…
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