BASHIR AHMAD KHAN vs HAKIM ALI and 6 others
This matter arises from a petition for leave to appeal against a judgment of the High Court concerning competing land proposals and allotments under the rehabilitation scheme. The facts involve land proposed in the petitioner's favour in April 1959, subsequently proposed and confirmed in the name of another respondent without notice to the petitioner, and later sold to third-party purchasers whose title became subject to litigation after the second respondent's allotment was cancelled for double allotment. The core legal question involves the true scope and intendment of paragraph 68 of the Rehabilitation and Settlement Scheme (Part II), specifically whether a land proposal is automatically confirmed after the expiry of fifteen days if no objections are filed. The Supreme Court held that the case raises a question of general public importance regarding the interpretation of paragraph 68 that arises frequently. Consequently, the Court granted leave to appeal to determine the correct legal position, while directing that status quo regarding possession be maintained.
- What is the true scope and intendment of paragraph 68 of the Rehabilitation and Settlement Scheme Part II regarding the confirmation of land proposals?
- Does a land proposal under the rehabilitation scheme stand automatically confirmed after the expiry of fifteen days if no objections are filed?
- What are the mandatory conditions and procedure required for the confirmation of proposals under paragraph 68 of the Rehabilitation and Settlement Scheme?
- Paragraph 68, Rehabilitation and Settlement Scheme Part II
ORDER
' ASLAM RIAZ HUSSAIN, J.-- Facts giving rise to this petition are, briefly, that land measuring 12 Kanals and 2 Marlas was proposed in the name of the petitioner on 17-4-1959, but before it could be confirmed the same was proposed in the name of Muhammad Sharif respondent No,7 on 13-11- 1959, without any notice to the petitioner or and before first cancelling the earlier proposal in his favour. Fifteen days later, on 29-11-1959 the land in question was confirmed in the name of respondent No,7, again without any notice to the petitioner. A month later, on 29-12-1959, Muhammad Sharif respondent sold the said land to respondents No. 1 to 3. Earlier proposal in the name of Bashir Ahmad Khan petitioner was confirmed on 19-4-1960. Subsequently on 16-4-1964, the allotment of land in question was cancelled from the name of Muhammad Sharif respondent on account of double allotment.
' Respondents 1 to 3 who had purchased the land in question, felt aggrieved against this cancellation and filed an appeal before the Additional Settlement Commissioner. The same was dismissed as being time-barred. They then filed a revision petition before the Settlement Commissioner which. Too, was dismissed. Therefore they filed a writ petition before the High Court which was accepted in November, 1971 and the case was remanded to the Settlement Authorities for a fresh decision.
2. On remand the Settlement Commissioner again dismissed the revision petition, after hearing the parties, on the ground that the land in question could not have allotted to Muhammad Sharif, respondent No,7. As it had already been allotted to the petitioner.
' Respondents 1. To 3 filed . Another Writ Petition No, 298-R-74 before the High Court which was.
Accepted vide' the impugned judgment on the groupd that in the base of the petitioner the land had merely been proposed to his favour, the proposal of the same land in favoirr of Muhammad Shark respondent No,7 had already been confirmed, when he sold the land to respondent 1. To 3.
' Feeling aggrieved the petitioner has sought leave to appeal against the abovenoted judgment of the High Court.
3. Before us the learned counsel for the petitioner relied on paragraph No,68 (Part-II) of the Rehabilitation and Settlement Scheme which provides that after the proposals have been made by the Tehsildar or the relevant Revenue Official, the competent Rehabilitation Officer would visit the concerned village and examine the proposals and after satisfying himself will announce the proposed allotments to the claimants who shall at the same time be asked if they have any objection to the proposals within 15 days. It is further provided that after the expiry of the 15 days the Revenue Official will again visit the village and provisionally finalise the proposals subject to the final confirmation. Sub-para. (3) provides, inter alia, that if the concerned Rehabilitation Officer is satisfied that no objection has been filed within the stipulated time (15 days) he need not pay the second visit to such estates, send for the records of this estate and confirm the allotment. The learned counsel relied on Ghulam Nabi v. Noor Muhammad and others 1971 Law Notes 15 to argue that if there is no objection within 15 days, the proposal is automatically confirmed or at least the Settlement Officer is bound by para. 68 (3) to confirm it.
4. The learned counsel appearing for the Settlement Department supported the petition.
5. The learned counsel for the respondents, however, submitted that paragraph No,68 provides a very elaborate procedure for confirmation of the proposals of allotment, that certain conditions have to be fulfilled before a proposal can be confirmed and that proposals cannot be, therefore, deemed to be confirmed automatically after the expiry of 15 days, if there are no objections.
6. After considering the contentions of the learned counsel for the parties we think that this is a fit case for grant of leave to determine the true scope and intendment of paragraph No,68 (Settlement and A Rehabilitation Scheme Part II), which question arises for determination frequently and is a question of general public importance.
' Leave is, therefore, granted. Security in the sum of Rs, 2,500. Status quo as to possession shall be maintained.