Case Details

Citation(s)
2003 SLG 2609 2003 SLD 2609 2003 CLC 1049
Lahore High Court
Writ Petition No.4595 of 1988, heard on 10-09-2002
SAYED ZAHID HUSSAIN, J

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ABDUL SATTAR

VS

MEMBER (COLONIES), BOARD OF REVENUE, PUNJAB through Secretary to Government Punjab Colonies Department, Lahore and another

Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)-------Ss. 10 & 30---Constitution of Pakistan (1973), Art.199--­Constitutional petition---Land reserved as "Charagah" land was meant for extension of ' Abadi Deh'---Temporary lease of land for a fixed period---Proprietary rights---Claim for---Land in question was reserved as `Charagah' land meant for extension of `Abadi Deh' and for projects of general welfare of the community---Said land was leased out to lessee for temporary cultivation for a fixed period only and lessee through an affidavit had undertaken that he would surrender land as and when required by Government for public purpose---Said land having been transferred to Education Department for construction of building of a school, lessee had assailed order of transfer claiming that he being a landless occupant of the said land was entitled. to grant of proprietary rights thereof and that same could not be transferred to Education Department---Lessee, who had undertaken to surrender'land as and when required by Government for public purpose, had no locus standi to challenge transfer of land to Education Department for construction of a school which was public purpose and lessee had not acquired any indefeasible right to acquire proprietary rights in respect of said land. Mian Muhammad Waheed Akhtar for Petitioner. Ch. Muhammad Hanif Khatana, Addl. A.-G. for Respondents. Date of hearing: 10th September, 2002. JUDGMENT The petitioner was a temporary lessee whose lease was up to ' Rabi' 1989. Vide order dated 22-12-1987, the land particulars whereof have been mentioned in the order itself, was ordered to be transferred to 'the Education Department "for the construction of building of Government Girls High School at Chak No.447-G.B., Tehsil…
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