| Citation(s) |
|---|
| 2004 SLG 1704 2004 SLD 1704 2004 CLC 28 |
Board of Revenue, Punjab
R.O.A. No. 146 of 1997, decision dated: 21st December, 2002.
MUHAMMAD AYUB MALIK, MEMBER (JUDICIALIV)
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R.O.A. No. 146 of 1997, decision dated: 21st December, 2002.
MUHAMMAD AYUB MALIK, MEMBER (JUDICIALIV)
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SAWAN alias ABDUL AZIZ
VS
TAGGIA
Law:
Section:
West Pakistan Consolidation of Holdings Ordinance (VI of 1960)-------Ss. 10, 11 & 13---Consolidation of holdings---Consolidation Scheme of Mauza concerned was confirmed with the consent of the parties and 8 Kanals and 7 Marlas land was allocated to both appellant and respondent jointly with fifty fifty shares which was done for the reason that both of them had jointly installed an expensive Turbine in the said land--Respondent after about four years of the confirmation, challenged the same in appeal but Collector Consolidation dismissed the appeal being time-barred and also on the ground that Mauza concerned had already stood transferred to Revenue side and that the Scheme had been approved with the consent of parties---Revision filed by respondent against of Collector Consolidation, was accepted by Additional Commissioner Consolidation who withdrew 4 Kanals and 10. Marlas of land from one Khasra number from joint Scheme and allocated said land to the respondent---Said order of Additional Commissioner had been assailed by appellant in appeal before Board of Revenue---Evidence on record had, proved that Turbine existing on the land was installed and owned jointly by both appellant and respondent and respondent could not prove that he had paid the share of amount to appellant which he had spent for installation of Turbine---Respondent had challenged the Scheme after about 4 years because land in dispute had turned into land of commercial type because of its being located on Highway and respondent attempted to grab it because of its higher value---Additional Commissioner unlawfully allocated the said land to respondent to the extreme disadvantage of appellant---Scheme having been confirmed with consent of the parties, contention of respondent that appellant had got, scheme sanctioned by keeping respondent in dark, was repelled---While hollow and bogus claim of the respondent stood falsified by his own contradictory stand and his request being time-barred, Additional Commissioner was not justified to accept unlawful demand of the respondent---Order of Additional Commissioner which was passed in total disregard of law and dictates of justice, being…
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