Law: Constitution of Pakistan, 1973

Section: 185(3)

Colonization or Government Lands (Punjab) Act (V or 1912)--S. 10--Constitution of Pakistan (1973), Art. 185(3)--Allotment of land to petitioner under Ejected Tenants Scheme--Proprietary rights proposed to be granted to allottees excluding areas situate within specified miles of limits of first class Municipal Committees--Petitioners allotment being within such specified area was converted into lease--Petitioner's application for grant of proprietary rights was rejected by Board of Revenue--Petitioner's Constitutional petition against same was also dismissed--Held, petitioner had lost his status as an allottee under Ejected Tenants Scheme when land in dispute was resumed because of having been located within prohibited zone thus qua the petitioner transaction had become closed and there was no right available to him to move for re-conversion of his lease into that type of tenancy which had since ceased to y exist--No case having been made out for interference--Leave to appeal was refused. Malik Amjad Hussain, Advocate Supreme Court instructed by Mahdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 15th November, 1988. JUDGMENT JAVID IQBAL J.--This petition for leave is directed against judgment of the Lahore High Court Lahore, dated 16th November, 1983 whereby writ petition of the petitioner was dismissed. Briefly the facts are that the petitioner was allotted land in dispute under the Ejected Tenants Scheme in 1956. In 1960 another scheme was enforced to grant proprietary rights to the allottees, excluding areas situate within 10 miles of limits of first class Municipal Committees and 5 miles in the case of others. In 1966 a direction was issued to the effect that the municipal limits as existing at the time of passing of the final order for the grant of proprietary rights should be kept in view. Since the land in dispute allotted to the petitioner was situate within 10 miles of Municipal Committee, Faisalabad, a first class committee, it was resumed in 1965. However, the tenancy In favour of the petitioner was converted into a 15 years lease and he retained its possession. In 1972 the Board of Revenue reduced the…

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