STATE LIFE INSURANCE CORPORATION vs Mst. NUSRAT IMTIAZ and others
This matter concerns a dispute over land ownership between the State Life Insurance Corporation and private respondents. The Corporation, which owned a large property in Khasra No. 3204, encroached upon an adjacent, smaller plot owned by the respondents in Khasra No. 3205. The respondents successfully sought relief from the Wafaqi Mohtasib, who ordered the Corporation to vacate the land. Although the President of Pakistan initially accepted the Corporation's representation against this order, the Lahore High Court subsequently set aside that decision in a writ petition. The Supreme Court, upon reviewing the petitions filed by the Corporation, noted that the Corporation did not deny that the disputed land fell outside its own property boundaries and within the respondents' Khasra number. The Court expressed strong disapproval of a state-run organization encroaching upon private property and attempting to claim ownership through adverse possession against small landowners. Finding no legal or factual infirmity in the High Court's judgment, the Supreme Court dismissed the petitions, effectively upholding the order for the Corporation to vacate the usurped land.
- Can a state-run organization claim ownership of private land through adverse possession?
- Is a High Court order directing a state entity to vacate encroached land sustainable when the entity admits the land falls outside its own property boundaries?
ORDER
' KHALIL-UR-REHMAN RAMDAY, J.--- This order shall dispose of Civil Petition No, 1293-L of 2002 as also Civil Petition No, 1294-L of 2002 which petitions have been filed by the same petitioner i.e, the State Life Insurance Corporation against the same order dated 26-6-2001 passed by the Lahore High Court in Writ Petition No,604I of 1998.
2. The predecessor-in-interest of the petitioner-Corporation purchased a bungalow from one Mst.
Ayesha Begum comprising a piece of land measuring 35 Kanals and 17 square feet in KhasraNo,3204. The case of the respondents in these two petitions was that they were the owners of a total piece of land measuring 9 Marlas and 63 square feet which land fell in KhasraNo,3205 and was adjacent to the above mentioned property owned by the petitioner-Corporation. It was claimed by the respondents herein that sometimes back the petitioner-Corporation usurped the said piece of land belonging to them and then started claiming ownership through hostile and adverse possession. The respondents before us approached the WafaqiMohtasib seeking a direction to the petitioner-Corporation to vacate the said land and an order was passed on 11-6- 1990 by the WafaqiMohtasib to the said effect. A review petition filed by the petitioner-Corporation before the WafaqiMohtasib failed through an order dated 27-8-1991 which led to the filing of a representation by the petitioner before the President of Pakistan. This representation was accepted by the President which acceptance was impugned by the respondents before the Lahore High Court through Writ Petition No,6041 of 1998 which petition was allowed through the above mentioned order dated 26-6-2001. Hence this petition.
3. It was not denied by the learned counsel for the petitioner that the land measuring 35 Kanals and 17 square feet owned by them fell in KhasraNo,3204; that the land in question belonging to the respondents fell in KhasraNo,3205 and further that neither the petitioner nor its predecessor-in- interest had ever bought the land claimed by the respondents.
4. We are shocked to notice the conduct of the petitioner which is an organization run by the State; which is owner of 35 Kanals and 17 Marlas of land at the place in question: which then encroaches upon someone else's property and then claims ownership over this usurped land through adverse possession and that also against persons who are owners of petty pieces of land each measuring not more than about 4-1/2 Marlas.
5. We have heard the learned counsel for the petitioner and find that no legal or factual infirmity existed in the order in question of the Lahore High Court. These petitions are therefore, dismissed. :