| Case ID |
304853b3-55cf-4a37-a1ec-2544250fb9db |
| Body |
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| Case Number |
W.P. No. 5385 of 2018 |
| Decision Date |
Jun 01, 2018 |
| Hearing Date |
Jun 01, 2018 |
| Decision |
The Lahore High Court ruled that appeals against the rejection of applications for allotment of State land under the Colonization of Government Lands (Punjab) Act, 1912, are permissible under the Punjab Land Revenue Act, 1967. The Court emphasized that the Grievance Redressal Committee established to handle such grievances does not serve as a substitute for the legal right to appeal. The High Court directed the Commissioner to entertain the appeals of the petitioners and mandated a thorough review of the allotment procedures to ensure that land is allotted primarily to bona fide residents of Cholistan, particularly landless individuals and petty farmers. The Court underscored the importance of adherence to the statutory provisions and the control of the Board of Revenue in managing land allotment, ensuring that administrative decisions align with the law. |
| Summary |
The case revolves around the rejection of applications for allotment of State land in Cholistan under the Colonization of Government Lands (Punjab) Act, 1912. The petitioners challenged the legality of the Grievance Redressal Committee, arguing that it did not replace the statutory right to appeal against the Collector's decisions. The Lahore High Court clarified that under sections 161 and 164 of the Punjab Land Revenue Act, 1967, aggrieved parties have the right to appeal and seek revision against such decisions. The Court's decision highlights the necessity for transparent and fair allotment processes, especially for the landless residents of Cholistan, ensuring that legal frameworks are respected in administrative actions. The ruling is significant for those seeking justice in land allotment matters, reinforcing the legal channels available to individuals affected by administrative decisions. Keywords like 'Cholistan land allotment', 'Punjab Land Revenue Act', and 'Colonization of Government Lands Act' are pivotal for those researching land rights and administrative law in Punjab. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Shahid Jamil Khan, Justice
|
| Lawyers |
Ch. Faraz Munir,
Malik Niaz Ahmad,
Mian Nazir Ahmad,
Riaz Muhammad Afzal,
Sajjad Bashir Baloch,
Muhammad Imran Misson,
Ameer Abdullah Awan,
Muhammad Tahir Saeed Ramay,
Jamshed Iqbal Khakwani
|
| Petitioners |
Sana Ullah
|
| Respondents |
Government of Punjab and Others
|
| Citations |
2018 SLD 2665,
2018 CLC 1987
|
| Other Citations |
Karam Din v. Member Board of Revenue West Pakistan, Lahore and others PLD 1968 Lah. 321,
Muhammad Azam and others v. Bashir-ud-Din and others 1988 MLD 1341,
Province of Punjab through District Collector, Vehari v. Rana 1989 MLD 1009,
Nazir Hussain and others v. A.C. and others 2002 YLR 3484,
Muhammad Ali v. Province of Punjab and others 2005 SCMR 1302
|
| Laws Involved |
Colonization of Government Lands (Punjab) Act, 1912,
Punjab Land Revenue Act, 1967
|
| Sections |
10,
19,
161,
164
|