DEPUTY LAND COMMISSIONER, DERA GHAZI KHAN AND Others vs Ch. GHULAM
This matter arises from a petition challenging orders passed by land commission authorities under Martial Law Regulation 115 regarding land declared by a civil servant. The core legal question was whether land purchased in 1954, prior to the target date of January 1, 1959, and standing in the name of a third party who subsequently gifted it to the declarant's sons, could be scrutinized and resumed under paragraph 10 of the Land Reforms Regulation without a finding that the original purchase was made benami by the declarant. The Supreme Court dismissed the petition, holding that paragraph 10 requires the acquisition to be by the declarant and that transactions prior to the target date without a valid finding of benami acquisition cannot be sustained. The key principle laid down is that land acquisition scrutiny under the Land Reforms Regulation requires proof of acquisition by the declarant where transactions occurred prior to the prescribed target date.
- Whether land purchased prior to the target date of January 1, 1959, can be scrutinized under paragraph 10 of Martial Law Regulation 115?
- Is a finding of a benami purchase necessary for land commission authorities to resume land standing in the name of persons other than the declarant?
- Can orders passed by land commission authorities without establishing acquisition by the declarant be sustained?
ORDER
NASIM HASAN SHAH, J. The respondent, Ch. Ghulam Rasool; is a civil servant within the meaning of paragraph 15 of M. L. R.
115. He was required under the said Regulation to file a declaration of his holdings, which he did. Before the Deputy Land Commissioner a dispute arose with respect to an area measuring 437 kanals situate in village Mohammadpur, Gumwala. The background of this dispute was that this area was purchased by Ghulam Ahmad, a brother of respondent No. 1 on 31- 10-1954, the said. Ghulam Ahmad, who was issueless, gifted the said land to respondents 2, 3, who are sons of respondent No. 1, on 22-3-1963. In 1965, the said two respondents got their land exchanged with the land of their maternal uncle in village Rajanpur I and Rajanpur II. On the enforcement of the Land Reforms Regulation [M. L. R. 115], the respondent No. 1 mentioned the gift, referred to above made by Ghulam Ahmad, in favour of his two sons in his declaration. The Deputy Land Commissioner vide his order dated 28-5-1972 treated the gift as coming under the mischief of paragraph 10 of the Land Reforms Regulation and -resumed his excess land. An appeal by the respondent failed on 29-6-1972 before the Land Commissioner. A Revi--sion petition was also rejected on 25-4-1973 by the Additional Chief Land Commissioner. The further revision petition to the Federal Land Com--mission also failed and was rejected by the Chairman Federal Land Commis--sion vide his order dated 19-12-1973. The respondent, therefore, filed a writ petition in the Lahore High Court on 26-1-1975.
Before the High Court, the contention was that the land in dispute was purchased in October, 1954; and could not be a subject-matter of scrutiny under para. 10 as the target date therein was the 1st of January, 1959. It was further submitted that there was no finding by any of the lower authorities that respondent No. 1 had purchased the land in dispute in the year 1954 Benami m the name of Ghulam Ahmad or for his sons respond dents 2,
3. The learned Judges of the Lahore High Court after reproducing the provisions of para, 10 of the Regulation observed that the terms thereon show that the acquisition should be by a declarants though it may stand in the name of his sons.
Consequently, the finding had to be given by the Land Commission authorities that it was, in fact, an acquisition by respon--dent No. 1 though the sale was shown in the name of Ghulam Ahmad, who subsequently gifted it to respondents 2, 3.
As there was no such finding and even the purchase was made about five years before the target date 1-1-1959, the impugned orders could not be sustained. They were, accordingly, declared to be without lawful authority and of no legal effect.
Mr. Karamat Nazir Bhandari, learned counsel for the petitioners, bad really no answer to these findings. He, however, drew our attention to para. 4 of the order of the Federal and Commission at page 37 of the record. We have gone through the observations contained in the said para. And are satisfied that they do not deal with the crucial point, namely, whether respondent No. 1 had acquired the area Benami and whether the M: L. R. 115 could extend to a transaction made in 1954 when the further limit to which it could extend was 1-1-1959.
This petition is without force and is, accordingly, dismissed hereby.