Law:

Section:

(a) Colonization of Government Lands (Punjab) Act (V of 1912)-------Ss. 4 & 10---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit land forming part of Grand Trunk Road was alienated by Communication and Works Department in favour of petitioner/National Highways Authority unconditionally and free of cost---After conferment of right of way to the Highway Authority mutations in respect of suit land were reviewed by Secretary Board of Revenue and mutations earlier attested in favour of Highway Authority were cancelled without notice to the petitioner---Lease of part of suit land by Highway Authority was also assailed---Validity---Legal title of land in dispute vested with the Secretary (Colonies), Government of Punjab, by virtue of S.4 of the Colonization of Government Lands (Punjab) Act, 1912---Such land could be granted to any person by the Board of Revenue, subject to approval of the Government, within the contemplation of S.10 of the Colonization of Government Lands (Punjab) Act, 1912---Rules of Business and West Pakistan Highways Ordinance,. 1959 provided that administration of Highway Authority vested with Communication and Works Department and Secretary C&W had administrative control of such land but its legal title vested in Colony Department of Provincial Government---Review of mutation had to be conducted in an open assembly after notice to the parties and after hearing them but such exercise had not been undertaken in the present case---Cancellation of mutations was primarily the function assigned to the Revenue Officer .but such exercise had been undertaken by Secretary Board of Revenue depriving the affected party of right of appeal and revisions in the hierarchy of Board of Revenue---Constitutional petitions were allowed, .orders cancelling mutations being violative of principles of natural justice were set aside and case was remanded to be decided after hearing the parties. Fuel Auto Supply Company and 5 others v. Federation of Pakistan 2005 MLD 1844; Rimpa Limited and others v. Karachi Metropolitan Corporation 2004 CLC 1797; Sahmas Textile Mills Ltd. and others v. The Province of Punjab and 2 others 1999 SCMR 1477;…

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