Case Details

Citation(s)
2000 SLG 2251 2000 SLD 2251 2000 MLD 118
Board of Revenue, Punjab
R. O. R. No. 1458 of 1996, decided on 30th June, 1999
SHAHZAD HASSAN PERVEZ, MEMBER (JUDICIAL-I)
Ch. Muhammad Bakhsh for Petitioners

MUHAMMAD AKBAR and others

VS

THE STATE

Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)--- ----Ss. 10 & 30---Notification dated 3-9-1979---Allotment of land---Grant of proprietary rights ---Entitlement---Allottee of land under 15 Years' Temporary Cultivation Lease Scheme, had filed application under Notification dated 3-9-1979 for grant of proprietary rights---Evidence on record had revealed that allottee of land, who had been in cultivating possession of said land since before Kharif 1977, had fulfilled all conditions of eligibility as per Notification entitling allottee for grant of proprietary rights and was not hit by any of, disqualifications contained in prohibition clause of said Notification ---Allottee who fulfilled all conditions of eligibility was entitled to grant of proprietary rights in respect of land allotted to him. ORDER Muhammad Sharif was allotted State land in Chak No.45-A, Tehsil Liaqatpur comprising lot No.14, measuring 100 Kanals under 15 years Temporary Cultivation Lease Scheme in the year 1971. He submitted application on 20th of December, 1979 under Notification dated 3rd of September, 1979 for grant of proprietary rights. Since he had not brought at least 90% of the leased land under cultivation at the time that his case was put up before A.C./Collector, his request for grant of proprietary rights was rejected. His case for grtnt of proprietary rights again came up before A.C/Collector on 21st of December, 1995 when he was considered to have fulfilled the conditions pertaining to extent of cultivation of the leased land. He was allowed to obtain proprietary rights under Notification, dated 19th of March, 1995. Price of the land, therefore, ,vas calculated at the rate of Rs.500 per P.I.U. on the basis of classification of the leased out State land as it obtained during the harvest since before Kharif, 1993. 2. He filed appeal against this order before Additional Commissioner (Revenue), Bahawalpur Division, taking exception to application of provisions of Notification, dated 19th March, 1995 for determination of the price of the leased land which was rejected. The present revision petition has been filed against order, dated 6th of June. 1996 of Additional…
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