ABDUL ALEEM vs MEMBER (COLONIES) BOARD OF REVENUE, PUNJAB, LAHORE
This petition for leave to appeal arises out of a judgment of the Lahore High Court dismissing a writ petition filed against the orders of revenue authorities regarding the allotment of disputed land under the Grow-More-Food Scheme. During the pendency of the proceedings before the Supreme Court, the petitioner and respondent No. 4 reached a compromise to resolve the matter amicably by dividing the disputed land and the associated tube-well in equal shares. The core legal question concerned the final settlement of the land dispute based on the mutual agreement of the contesting parties. The Supreme Court held that the compromise reached between the parties is fair and serves to end the litigation in an amicable manner in accordance with their wishes. The Court laid down the principle that petitions may be disposed of in terms of a lawful and fair compromise arrived at between private parties to put an end to pending litigation, with directions to competent authorities to give effect to the settlement.
- Can a petition for leave to appeal be disposed of in terms of a compromise reached between the parties?
- Whether the Supreme Court can direct competent authorities to give effect to a fair compromise settlement between litigants?
- Order XLIX Rule 6, Supreme Court Rules
ORDER
1. NASIM HASAN SHAH, J-This petition for leave to appeal is directed against the judgment of the Lahore High Court dated 27-7-1950 passed in Writ Petition No. 1356 of 1979.
2. The facts which form the background are that the petitioner obtained the land in dispute which is situated in Square No. 35, Chak No. 473/G. B. Tehsil Samundari, District Faisalabad on yearly basis in the year 1969 through an open auction. According to him, the lease was extended from time to time. However, the Assistant Collector vide his order dated 16-10-1978 allotted the land to Talib Hussain, respondent No. 4, under the Grow-More-Food Scheme. The petitioner preferred an appeal against the said order in the Court of the Additional Commissioner (Consolidation), Sargodha, which was dismissed on 25-1-1979. Against this order, a revision petition was filed in the Court of the learned Member, Board of Revenue, which also met the same fate on 8-2-1979. He, therefore, filed a writ petition (W. P. No. 1356/79) in the Lahore High Court, which was dismissed by a learned Single Judge on 27-7-1980. Hence this petition for leave to appeal.
3. During the pendency of this petition, the petitioner and respondent No. 4 have arrived at a compromise whereby they have agreed to take the land in dispute in equal shares and have submitted an application under Order XLIX, rule 6 of the Supreme Court Rules for disposal of this petition in terms of the compromise. The relevant part on the application is re--produced below: "2. That in order to put an end to the litigation the petitioner and respondent No. 4 have agreed to distribute the land in dispute of Square No. 35, Chak No. 473/GB, Tehsil Samundari, District Faisalabad as under: s Petitioner (Abdul Aleem)
4. Respondent No. 4(Talib Hussain)
5. K. M.
6. K. M.
7. Killa No. 16-9 Killa No. 92-17 Killa No. 28-9 Killa No. 3/14-4 Killa No. 108-18 Killa No. 8/14-9 Killa No. 96-1 Killa No. 118-18 Killa No. 128-18 Total29-17 29-6
3. That further the petitioner and the respondent No. 4 have also agreed to share the tube-well installed by the petitioner in the above--mentioned land to the extent of 50 % (petitioner) and 50 % (respondent No. 4) respectively and two (2) kanals of the land where the tube-well is working will be shared equally.
4. That the petitioner and the respondent No. 4 will make up their deficiency of their respective subsistence unit of land from the other available land in the same Chak or adjacent Chak. All the formalities shall be fulfilled by both the parties in accordance with law."
8. We consider that this is a fair compromise and will end the dispute between the parties in an amicable manner, in accordance with their wishes. The compromise may, therefore, be given effect to by the competent authorities. This petition shall stand disposed of as withdrawn with the above observations,