Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 19

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Colonization of Government Lands (Punjab) Act (IV of 1912)--- ----S. 19---Constitution of Pakistan (1973), Art.185(3)---Temporary Cultivation Scheme--Leave to appeal was granted by Supreme Court to consider whether after conferment of proprietary rights to respondent, no exchange could be permitted by Revenue authorities and that land in dispute could not be treated to be available till final decision was made in judicial remedies available to petitioner that he as allottee/Patadar of such land under Temporary Cultivation Scheme was entitled to conferment of proprietary rights. (b) Colonization of Government Lands (Punjab) Act (IV of 1912)--- ----S. 19---Temporary Cultivation Scheme---Allotment of land already stood transferred---Retrospective allotment---Grievance of appellant was that while his application for proprietary rights was still pending before Revenue authorities, the land in dispute stood transferred to respondent by Provincial Government---Validity---Disputed land stood transferred in the name of respondent by way of exchange allowed by Provincial Government, therefore, Revenue authorities could not sit over the order of Government and decide the fate of land by extending lease of appellant with retrospective effect after a lapse of 17/18 years even if the appellant was lessee of land or happened to be in possession of some portion thereof---Without going into the question whether review application filed by appellant before Board of Revenue was competent or not, Supreme Court did not find any substance in appeal---Appeal was dismissed. ORDER GHULAM RABBANI, J.--- This civil appeal with leave of this Court is directed against the judgment dated 19-2-2003 passed by a single Judge of the Lahore High Court, Lahore in Writ Petition No.2113 of 2003. 2. The relevant facts for disposal of this appeal are that the appellant Ghulam Mustafa claimed to be lessee of an area of 37 Kanals, 15 Marlas comprising Khasra Nos.1068, 1129 to 1132 in Chak No.65,' Tehsil Kasur. According to appellant the lease qua the above land commenced in 1968 and on renewal expired in the year 1977-78. On 15-6-1995, he made an application for grant of proprietary rights in…

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