PROVINCE OF PUNJAB through Collector, Bahawalpur and 4 others vs Mst.
This matter arises from a petition for leave to appeal filed by the Province of Punjab against an allotment of land in favor of the respondents. The core legal question is whether land occupied by the Punjab Forest School under the Forest Department for a public purpose was available for allotment, and whether allotments made after 27-2-1965 violate the prohibitory order of the Chief Settlement Commissioner. The Supreme Court of Pakistan granted leave to appeal to consider these contentions and related questions, ordering the stay order to continue. The key principle established is that allotments of land made in contravention of prohibitory orders of the Chief Settlement Commissioner and land dedicated to public purposes require detailed judicial consideration by the appellate court.
- Whether land occupied by a government department for a public purpose is available for allotment?
- Is an allotment of land made after 27-2-1965 sustainable in violation of the prohibitory order of the Chief Settlement Commissioner?
ORDER
1. MUHAMMAD RAFIQ TARAR, J.---Learned counsel for the petitioner inter alia contends that the land in dispute having been occupied by the Punjab Forest School under the Forest Department was being used for public purpose and was not available for allotment. Relying on 1991 SCM R 1426, it is further submitted that the allotment in favor of the respondents having been made after 27-2-1965 is not sustainable being in violation of the prohibitory order of the Chief Settlement Commissioner. These contentions and other related questions require consideration. Leave to appeal is granted. The stay order to continue.