Case Details

Citation(s)
1997 SLG 755 1997 SLD 755 1997 CLC 1146
Lahore High Court
Writ Petition No. 1079 of 1987, decision dated: 12-12-1996
SHARIF HUSSAIN BOKHARI, J
Ch. Khurshid Ahmad, Malik Saeed Hussain, Masood Chishti and Ali Ahmad Malik for Petitioner. M. Naseem Kashmiri. Addl. A.G. for
Respondents

MARKAZI UNION LAMBARDARAN, PUNJAB PROVINCE and 10 others

VS

BOARD OF REVENUE, PUNJAB, Lahore High Court and another

Law:

Section:

(a) Colonization of Government Lands (Punjab) Act (V of 1912)-------S.10---West Pakistan General Clauses Act'(VI of 1956), S.20---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Grant of State land to Lambardar---Conferring of proprietary rights---Essentials---Government was competent to issue statements of conditions on which Government could grant State land to its tenant---Board of Revenue, subject to approval of Government, could grant State land to any person on such conditions which it considered fit or under any scheme prepared for such purpose---Government or Board of Revenue had power and authority to change, modify or cancel such statements of conditions issued and scheme made for purpose of allotting State land or granting proprietary rights over the same to tenants---Such power of Government/Board of Revenue was also recognized by S.20, West Pakistan General Clauses Act, 1956 Muhammad Ashraf v. Board of Revenue PLD 1968 Lah. 1155 ref. (b) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S.10---Constitution of Pakistan (1973), Art. 199---Constitutional petition--­State land---Conferring of proprietary rights---Claim of Lambardar that he had been conferred proprietary rights over land which he was holding as incidence of being Lambardar was not established with reference to any document--­Conferring, of proprietary rights was, thus, not proved in circumstances. Pakistan through the Secretary, Ministry of Finance v. Muhammad Himayatullah Farukhi PLD 1969 SC 407 ref. (c) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S.10---Constitution of Pakistan (1973), Arts. 25 & 199---Constitutional petition---Claim relating to conferring of proprietary rights over State land--­Lambardar (petitioner) claimed that some Lambardars had been conferred proprietary rights over land which they were holding as Lambardars while he had been deprived of such right in contravention of equal treatment and equal protection of law guaranteed to all citizens of Pakistan---Documents on record produced by petitioners indicated that allottee Lambardars were allotted land under old Lambardari Grant Scheme whereas petitioner…
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