Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)----- S. 10-Colony Schemes-Temporary Cultivation Conditions-Land leased out to petitioner resumed on expiry of lease period-Land already standing included in Schedule of Islamabad Oustees Scheme­ Temporary Cultivation Conditions being applicable to lessees and resettlement of persons on State land constituting public purpose, land, held, rightly resumed. ORDER NASIM HASAN SHAH, J.--This petition is directed against the judgment of a learned Single Judge of the Lahore High Court dated 27-7-1980 passed in Writ Petition No. 1355 of 1977. The facts which form the background are that the petitioner was allotted about 200 kanals of land comprising Field Nos. 28-1.-25 situated in Chak No. 331/W. B. Tehsil Mailsi, District Multan for a period of ten years in Rabi 1968 under ' the Notification No. 3369/67-1968-Cl, 3 dated 7th February, 1968. Accordingly, the lease was .2o expire ire Rabi, 1978. However, before the expiry of the lease period the Collector, Multan, vide his order dated 21-10-1975 allotted the land to respondents 3-4 under the Islamabad Oustees Scheme. Aggrieved by the said order, the petitioner filed a time barred appeal before the Additional Commissioner (Revenue). Multan which was accepted by him vide his order dated 7-11-1979. Feeling aggrieved by the aforesaid order, respondents 3-4 filed a revision petition before the Member (Colonies). Board of Revenue. This was accepted by the Member. Board of Revenue vide order dated 8-2-1979 and the order of the Collector dated 21-10-1975 restored. In the course of his order, it was observed :- The land in dispute was on lease with the respondent for 10 years. According to the instructions contained in 1968 Scheme, ten years leases were to be predetermines if the land was required for public purposes. The petitioners are evictees of Islamabad and their resettlement on State land constituted to be a public purpose. The record shows that the land in question already stood included in the Schedule of Islamabad Oustees when it was leased out to the respondent. It had, therefore, been rightly resumed from the respondent and allotted to the petitioners, The…

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