Law: Constitution of Pakistan, 1973

Section: 185(3)

Colonization of Government Lands (Punjab) Act (V of 1912)--S. 10--Constitution of Pakistan (1973), Art. 185(3)--Proprietary rights, Chiragah land--Petitioner opposing grant of proprietary rights to respondents in respect of land described as `Chiragah'--Scheme relevant to `Grow More Food' not containing any condition regarding bar to grant of proprietary rights when land under allotment happened to be Chiragah land--Conflict existing in s rendered by Board of Revenue and High Court regarding questions raised in respect of Chiragah land--Leave to appeal granted. Muhammad Ali v. The State P L D 1987 Rev. 42 ref. Ch. Altaf Muhammad Khan,Advocate Supreme Court for Petitioner. Malik M. Talib Awan, Advocate Supreme Court and Sh. Salahuddin, Advocate-on-Record for Respondent. Date of hearing: 6th August, 1988. ORDER MUHAMMAD AFZAL ZULLAH, J.--The Provincial Government has sought leave to appeal against the acceptance of respondent's Constitutional petition by the High Court in a case arising out of the grant of proprietary rights to the respondent's side in respect of the land which has been described as "Chiragah". The petitioner's case is that the Chiragah land could not be made the subject-matter of grant of proprietary rights under the scheme known as "Grow More Food Scheme". A learned Judge in the High Court has held that the scheme relevant to "Grow More Food" did not contain any condition regarding bar to the grant of proprietary rights when the land of under.allotment, is Chiragah land. Learned counsel for the petitioner has contended that even if the assumption raised by the High Court is found…

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