MUHAMMAD HASHIM And 3 Others vs SETTLEMENT COMMISSIONER (LANDS)
This matter involves a petition for leave to appeal against a Lahore High Court judgment that upheld an order by the Settlement Commissioner (Lands) cancelling the petitioners' land allotment. The dispute originated when land reserved for the petitioners, who were displaced persons, was subsequently allotted to the respondents. While the Additional Settlement Commissioner initially restored the allotment to the petitioners, the Settlement Commissioner (Lands) later reversed this, cancelling the petitioners' rights. The petitioners challenged this before the High Court, which dismissed their petition. Before the Supreme Court, the petitioners argued that the respondents' claim was based on a bogus claim form that had been cancelled as void ab initio, meaning the respondents lacked a valid legal basis to claim the disputed land. The Supreme Court found that the petitioners' contention regarding the fraudulent nature of the respondents' claim raised a substantial legal issue requiring further examination. Consequently, the Court granted leave to appeal and directed that the status quo be maintained pending the final adjudication of the appeal.
- Does an allotment based on a bogus claim form constitute a void ab initio transaction?
- Can a party who acquires rights from a claimant whose claim was subsequently cancelled as bogus maintain a valid interest in the disputed land?
ORDER
1. S. USMAN ALI SHAH, J.---Leave to appeal has been sought by the petitioners against the order of the Lahore High Court dated 19-1-1986, whereby their Constitutional petition against the order dated 27-12-1976 passed by the Settlement Commissioner (Lands) Lahore was dismissed.
2. The land in dispute was reserved by the Deputy Settlement Commissioner (Lands) on 2-12-1967, for allotment to the petitioners being displaced persons, but it was confirmed in the names of respondents Nos.3-6 on 13-4-1968, without cancellation of reservation made for the petitioners.
3. Appeal of the petitioners before the Addl. Settlement Commissioner, Gujranwala was accepted, who vide his order dated 18-8-1969 cancelled the allotment made to the respondents and directed confirmation of the disputed land in the names of the petitioners to be made strictly in accordance with the rules and instructions. Consequently, the disputed land was confirmed in the names of the petitioners on Khata R.L.II No.29 by the D.S.C.(L) Gujranawala on 6-12-1972. Appeal of the respondents against this order which was treated as revision and entrusted to the Settlement Commissioner (Lands), Lahore was accepted vide his order dated 27-12-1976 and allotment already made in the names of the petitioners was cancelled. Constitutional petition against this order by the petitioners before the High Court was also dismissed vide impugned judgment.
4. The learned counsel for the petitioners before us contended that the learned Single Judge of the High Court has ignored to consider that the allotment obtained on a bogus claim form No.1401 in village Vachhoki, Tehsil Hafizabad was cancelled by the Add]. Settlement Commissioner/C.S.C. On 22-9-1977 being void ab initio and the respondents who stepped into the shoes of the vendor claimant have no right in the claim of the disputed land.
5. After hearing the learned counsel, we are of the opinion that the contention raised by him deserves consideration. We, therefore, grant leave to appeal and allow the petition. Status quo in meanwhile, Security Rs.5,000.
6. The appeal will be heard on the present record, but it is open to the parties to file additional documents.