BASHIR AHMAD And Others vs PUNJAB UNIVERSITY ACADEMIC STAFF
This matter concerns a dispute over the allotment of land previously allocated to displaced persons, which was subsequently cancelled and re-allotted to informants via a mukhbari application. The core legal question was whether the Additional Settlement Commissioner possessed the legal competence to allot this specific land to the informants after it had been declared a 'building site' under a notification dated 16th May 1973, and after it had been sold to the University authorities under the Displaced Persons (Land Settlement) Act, 1958. The High Court allowed the writ petition filed by the Punjab University Academic Staff Association, setting aside the allotment to the informants. The Supreme Court upheld this decision, dismissing the petition for leave to appeal. The ratio of the judgment establishes that once urban land is officially declared a 'building site' via notification, it is removed from the pool of land available for allotment based on claimant units, whether urban or rural. Consequently, any subsequent allotment of such land based on claimant units is legally invalid and void, regardless of prior mukhbari proceedings.
- Can land declared as a 'building site' by notification be allotted on the basis of claimant units?
- Does a notification declaring land as a 'building site' preclude the Settlement Commissioner from making further allotments of that land?
- Is an allotment of land made after it has been sold to a third party under the Displaced Persons (Land Settlement) Act, 1958, legally valid?
- Section 10(2) of the Displaced Persons (Land Settlement) Act, 1958
ORDER
1. NASIM HASAN SHAH, J.---The relevant facts are that an area measuring 207 kanals 13 marlas out of the land in dispute was allotted to one Badar-ul-Hassan on 19-12-1972 and another area measuring 104 kanals 12 marlas was allotted to one Qureshi Abdur Rehman on 29-12-1972. A mukhbari application was filed by Ahmad Khan (respondent No.7), Muhammad Abdul Latif, father of Mst. Noor Jehan (respondent No.5) and Abdus Salam (respondent No.6) alleging that the allotments were obtained illegally and fraudulently. This mukhbari application was accepted by the Additional Settlement Commissioner (Land) with powers of the Chief Settlement Commissioner
(Land) (Ch. Faiz Muhammad) vide order dated 25-3-1974. The area which stood allotted to Badar- ul-Hassan and Qureshi Abdur Rehman was cancelled and it was directed that the same should be allotted to the informants. Accordingly, the land was transferred in their favour on 10-4-1974. The petitioners herein are their transferees.
2. The order dated 25-3-1974 passed in favour of the predecessor-in-interest of the petitioners was challenged through Writ Petition No.402-R of 1976 by the Punjab University Academic Staff Association and the University of the Punjab whereby the informants were allotted the land becoming available by the setting aside of the allotments to Badar-ul-Hassan and Qureshi Mahmud Ahmad on 10-4-1974 as the land had in the meanwhile been sold to the University authorities on 29-3-1974 under section 10(2) of the Displaced Persons (Land Settlement) Act, 1958. It was alleged that the Additional Settlement Commissioner (respondent No.2) was incompetent in law to make the allotment to the informants as the land in question had been declared as a building site by the Notification dated 16th May, 1973. This writ petition was allowed by the impugned judgment of the High Court dated 6-4-1988. Hence this petition for leave.
3. Mr. Shahzad Jehangir has been heard on behalf of the petitioners, who has submitted that the decision of the High Court is wrong. But we are of the opinion that the High Court was right in holding that in the face of the Notification dated 16-5-1973 declaring the urban lands within the Municipal Limits etc. As "building sites" no allotment of such lands on the basis of the claimant's units, whether urban or rural, could be made.
4. Hence this petition cannot succeed.
5. Dismissed.
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