HAJI GHULAM QADIR Versus THE COMMISSIONER, MULTAN DIVISION

ORDER

1. I have heard the learned counsel for the appellant and the appellant himself and seen the records of the case including the order of the Commissioner, Multan Division, dated 23‑7‑1971 against which this appeal has been made.

2. Briefly the facts are that while dealing with an appeal Muhammad Shafi etc. v. Mst. Karam Jan etc., in Case No. 746‑0 dated 1‑5‑71 the Commissioner observed that Charagah area in Chak No. 9/ 14‑L, Tehsil Sahiwal, stood reduced to 25 acres, 3 kanals. The Commissioner arrived at this figure on the following basis in paragraph 5 of his Impugned order:‑

2. "The Charagah area as originally reserved in this Chak was 59 acres, 4 kanals and 9 marlas. After reserving 3 acres for School and 8 acres, 5 kanals and 15 marlas for creation of Azadi line, the net Charagah land was brought down to 47 acres, 6 kanals, 14 marlas. A portion of this land was sub sequently allotted as under, leaving the Charagah land as 25 acres, 3 kanals:‑

A K M

3. Year of allotment

(i) allotted to Muhammad Siddique Lambardar under Livestock Breeding Scheme.

4. 5‑4‑18

5. 1964

6. (ii)

7. Allotted to Ghulam Qadir Lambardar under the Livestock Breeding Scheme.

8. 11‑0‑9

9. 1964

10. (iii)

11. Allotted to respondent No. 1 under the Islamabad Scheme.

12. 5‑6‑12

13. 1967

14. It is obvious that only the first allotment of 1964 was outside the 39 acres limit, the other two being in contravention of instructions as they reduced the area to a level below the minimum of 39 acres:

3. In the above calculation the Commissioner has excluded the area reserved for school and creation of Azadi line for calculating the Charagah area of 39 acres. This seems to be due to some misconception as according to paragraph 321 of the Colony Manual the Charagah area is for the following purposes:

15. "As a general open space for exercise and ventilation; as providing space for pits for the temporary storage of manure, for village tanks, for small brick‑kilns (the clay for which should be taken from the tanks), for possible future extensions of the village site and for schools and play‑grounds."

16. It would be seen from the above extract that future extension of village site and area for school was to come out of the Charagah area. Even if the areas allotted to Muhammad Siddiq and Ghulam Qadir Lambardar made in 1964 are deducted the balance Charagah area available would be 59 acres, 4 kanals and 9 marlas less 16 acres, 5 kanals and 7 marlas equal to 42 acres, 7 kanals and 2 marlas which is more than 39 acres required to be reserved for the Charagah area.

4. Originally the Charagah area was kept at 3 squares or rectangles but later on vide No. 1160‑63/1242‑C. VII dated 28‑3‑1960 it was decided by the Government that the land in excess of 39 acres should also be utilized to create Lambardari square. The allotments to Muhammad Siddiq and Ghulam Qadir Lambardars in 1964 were therefore in order and should not be questioned.

5. The order of the Commissioner dated 23‑7‑1971 so far as it affects the rights and allotment of appellant Ghulam Qadir is therefore set aside.

17. The order in this case was reserved. Orders may now be issued and parties informed accordingly.

18. Order accordingly.