MUHAMMAD SHAFI and others vs THE MEMBER (COLONIES), BOARD OF REVENUE, PUNJAB, LAHORE and others
This matter involves a petition for leave to appeal filed by lessees of government-owned land against the High Court's dismissal of their writ petition. The dispute concerns the petitioners' claim for the grant of proprietary rights over land allotted to them under the Ejected Tenants Scheme, which the authorities have denied. The petitioners challenged the denial, arguing that the condition restricting land within a five-mile limit of Sargodha City is inapplicable and that the land was classified as 'Baqaia Sarkar' rather than 'Charagah' area at the time of allotment. Additionally, they contended that the proposed use of the land for a school building is no longer relevant as the site is being relocated. The Supreme Court, noting that leave to appeal had been granted in similar cases, determined that the issues raised warranted a full examination. Consequently, the Court granted leave to appeal to consider the merits of the petitioners' claims alongside other similar pending matters, while directing that the existing status quo be maintained until the final disposal of the appeal.
- Whether the condition restricting proprietary rights to land outside a five-mile limit of a city is applicable to allotments under the Ejected Tenants Scheme?
- Does the classification of land as 'Baqaia Sarkar' versus 'Charagah' affect the eligibility for proprietary rights?
- Can the proposed public use of allotted land for a school building be a valid ground for denying proprietary rights if the site is relocated?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the lessees of Government owned land, against the dismissal of their writ petition by the High Court. It had arisen out of dispute relating to the allotment under the Ejected Tenants Scheme to the petitioners and their consequential claim for grant of proprietary rights which stands denied to them, therefore, they have sought leave to appeal.
2. In some other similar cases leave to appeal has been granted. The learned counsel, inter alia has contended that the condition regarding the land being within 5 miles limit of Sargodha City is not applicable; that no doubt a part of this land was also sought to be utilised for constructing a school building but the site thereof is now being shifted to some other place. Reliance in this behalf has been placed on a communication dated 12-6-1988, by the Deputy Commissioner, Sargodha, to the District Education Officer (Women) Sargodha. It has also been contended that at the time of the allotment to the petitioners the land in question did not fall within the Charagah area but formed a part of the Baqaia Sarkar.
3. ' After hearing the learned counsel we consider it a fit case for examination, alongwith other similar cases, all the points raised as well as ground in the petition. Leave to appeal is granted.
4. ' Security Rs,5,000.
5. ' Appeal shall be prepared on the present record with direction to the parties to file all additional documents which would be necessary for disposal of appeal.
6. ' Status quo to continue, in the meanwhile. However, this order will not be a bar to the grant of any relief to the petitioners.