Law:

Section:

(a) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S. 16---Fifteen Years . Scheme ---Allotment---Cancellation---Validity--­Allotment made in favour of petitioners could not have been cancelled after expiry of three years because of protection provided to them under law--­Fifteen years period having already expired by now, crucial question was with regard to conferment of proprietary rights to petitioners---Petitioners were admitted to have deposited some instalments towards price of land--­Respondent authorities were directed to consider petitioners' case for conferment of proprietary rights. Allah Ditta and another v. Province of Punjab PLD 1978 Lah. 289 and Shahab Din v. Member, Board of Revenue PLD 1964 Lah. 372 rel. (b) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S. 24---Cancellation of allotment---Petitioners not in self-cultivating possession---Effect---Breach of terms of tenancy i.e. petitioners being not in self-cultivating possession, could be rectified---Respondent authorities could, however, consider petitioners' case for rectification of breach and do the needful. . JUDGMENT The dispute in this writ petition relates to allotment made in favour of the petitioners of various parcels of land under Fifteen Years Scheme. In all, there eight petitioners in this writ petition and the case of petitioner No.1 Rehmat Khan and petitioner No.2 Fazal Din is to be treated separately on facts while the case of the remaining petitioners is to be considered differently. Accordingly, I will propose to deal with the case of Rehmat Khan, petitioner No.l and Fazal Din, petitioner No.2. The history and background of this allotment and litigation is that on 28th of May, 1971, Collector, Jauharabad, allotted land in favour of petitioners Nos.1 and 2 under Fifteen Years Scheme. This allotment initially was challenged in appeal by Manzoor and others and the said appeal was dismissed by the Additional Commissioner vide order dated 27-11-1972. One Nazir filed another appeal against the order of the Collector but the same was dismissed vide order dated 27-10-1971 passed by the Additional Commissioner. Thereafter, Nazir filed a revision…

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