Law:

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Colonization of Government Lands (Punjab) Act (V of 1912)--. ----Ss. 10 & 30---Grow More Food Scheme---Allotment of land--­Cancellation---Land in dispute which was duly allotted under Scheme, was confirmed in name of allottee who had paid full price thereof after deed of conveyance was executed and registered in his name---Later on allotment was cancelled and land in dispute was resumed on application of informer, who otherwise had no locus standi to be impleaded, on ground that land in dispute was within municipal limits despite it was clearly stated in report that land in dispute did not fall within prohibited area at the time of grant of proprietary rights to allottee/transferee---Order, resuming land in dispute, based on erroneous assumption of fact, could not sustain. JUDGMENT This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan calls in question the order dated 5-4-1988 passed by the learned Member (Colonies), Board of Revenue, Punjab, whereby the land allotted to the petitioners under Grow More Food Scheme was cancelled. 2. The facts in brief are that Shameer, petitioner, was allotted land in Chak No.352/GB, Tehsil Jaranwala, District Faisalabad, under Grow More Food Scheme on 10-6-1960. Later it transpired that the land fell within the prohibited zone and was, therefore, resumed. He applied for the grant of alternate land whereupon the Colony Assistant/Collector, Faisalabad, vide order dated 31-12-1979 allotted alternate land measuring 98 Kanals and 13 Marlas situated in Chak No.56, Tehsil Jaranwala, District Faisalabad. The proprietary rights were also confirmed in his favour vide order dated 11-1-1985 passed by the Deputy Collector, Faisalabad. Subsequently, he paid full price of the. land and the deed of conveyance was also executed and registered in his name. Rahim Din and others moved Civil Miscellaneous Petition No.2790/90 for being impleaded as party on the ground that they were lessees. My learned brother Fazl-i-Mahmood, J. as he then was, by order, of 11-6-1990 directed that the petition be placed for appropriate orders alongwith the main case. However, when the main case was listed for hearing on…

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