M. Z. KHAN vs Qazi AZIZ AHMAD, P. C. S. SECRETARY (LAND UTILIZATION),
This matter concerns a petition for leave to appeal against a judgment of the West Pakistan High Court, which dismissed a writ petition challenging the denial of the petitioner's request to purchase surrendered garden land. The petitioner, a displaced person, had been allotted garden lands (Paniwala and Mishanwala gardens) which were subsequently surrendered as excess area under Martial Law Regulation No. 89. The authorities rejected the petitioner's offer to purchase both his own excess area and that of his sister, citing that his allotment was never confirmed and that he lacked a verified claim for an urban garden. The core legal question was whether the petitioner possessed a vested right to purchase the surrendered garden land despite the lack of a confirmed allotment and the absence of a verified urban garden claim. The Supreme Court upheld the High Court's decision, holding that the Department acted in accordance with the law. The Court affirmed that the petitioner had no legal entitlement to the transfer of the garden land, particularly the portion allotted to his sister, as his own allotment remained unconfirmed and his claims were insufficient.
- Is a petitioner entitled to purchase surrendered garden land if their initial allotment was never confirmed?
- Does a displaced person have a right to purchase excess garden land surrendered under Martial Law Regulation No. 89 without a verified urban garden claim?
- Can a petitioner claim the transfer of garden land allotted to a third party, such as a sibling, based on an offer to purchase?
- Martial Law Regulation No. 89
ORDER
1. WAHIDUDDIN AHMAD, J.-In this case the dispute is about Paniwala garden in village Karna, Tehsil and District Bahawal--pur, measuring 12 Acres, 3 kanals and 11 marlas anld Mishanwala garden in village Bhindar, Tehsil and District Bahawalpur, measuring 8 Acres, 4 kanals and 12 marlas. On the 1st July 1969, Paniwala garden was allotted to the petitioner and on the 29th April 1969, Mishanwala garden was allotted to Mst. Mauziz Jehan Begum, the sister of the petitioner. The petitioner and his sister are displaced persons from District Muradabad and had verified claim of 21732 Produce Index Units out of which 3672 Produce Index Units were exclusively for gardens. Subsequently, according to M. R. V., the entitlement of the petitioner was reduced to 3923 units including 633 units of garden.
2. On the promulga--tion of Martial Law Regulation No. 89, the petitioner and his sister surrendered the garden as excess area. The sister of the petitioner refused to purchase the area which had been allotted to her. The petitioner, however, offered not only to purchase his own excess area but also of his sister. On the 16th June 1969, the petitioner was informed that as the allotment in his favour was not confirmed he was not entitled to purchase the surrendered land. He was further informed that he has no verified claim of any urban garden and was, there--fore, not entitled to the garden which was temporarily allotted to him. The petitioner challenged this order in Writ Petition No. 946 of 1969. A Division Bench of the West Pakistan High Court, Lahore, by order dated the 16th December 1969, dismissed it. The petitioner seeks permission to file an appeal against the said order.
3. So far as the garden allotted to the sister of the petitioner is concerned, he is not entitled to its transfer. We are satisfied the Department, in this case, has acted in accordance with law. There is
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