Citation Name: 2024 CLC 1984 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case SHER ZAMAN vs GOVERNMENT OF BALOC

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Citation Name: 2024 CLC 1984 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case SHER ZAMAN VS GOVERNMENT OF BALOCHISTAN through Chief Secretary, Civil Secretariat, Quetta Ss.39 & 50---Constitution of Pakistan, Art. 172---Record of rights---Land Settlement---Ownership, determination of---Mode---Petitioners sought determination of status of unsettled lands of the Province of Balochistan---Validity---After creation of Pakistan, the British Balochistan and Balochistan Agency merged its sovereignty into Pakistan and came under its administrative control but land owners did not surrender their collective or individual rights of ownership of their properties to State, that is why after creation of Pakistan, lands which were recorded by the Britishers on the names of private persons either collectively or individually, were renamed on their names, whereas only the properties recorded in the name of British Administration, were transferred on the name of Central Government and subsequently, after establishment of the Provinces, it was transferred on the name of Provincial Government, but still most of the land in the Province is unsettled---Whenever land was required for the establishment of Government buildings for amenities purpose like District Administration Offices, Courts, buildings, school buildings, hospitals and roads etc., Federal or Provincial Government used to acquire lands subject to compensation or through gift or upon certain terms and conditions from land owners concerned, considering them as owners irrespective of the fact that the lands were settled or unsettled---Provision of S.50(1) of Land Revenue Act, 1967 speaks about two specific dates i.e. 18-11-1871 and 17-07-1879 and only in respect of territories where Punjab Land Revenue Act, 1887, Bombay Land Revenue Code, 1897 and Sindh Land Revenue Code, 1879 were so enforced---Provision of Land Revenue Act, 1967, is time bound and pertains to limited areas, where the earlier enactments were so enforced---By or before 18-11-1871 and 17-07-1879 none of the three enactments were enforced in British Balochistan and Balochistan Agency, therefore, provision of S. 50(1) of Land Revenue Act, 1967, was not made applicable to the Province of Balochistan---For such reasons, while taking over charge of the two areas, the British Administration did not claim ownership of unsettled lands, rather accepted indigenous tribes as owners of the same---Most of the lands were claimed by landowners concerned as rightful owners and such lands could not be considered as ownerless properties---Inhabitants of different tribes and sub-tribes were presumed to be owners of their respective lands---Government always required land for public purposes such as education, health, research, sports, parks, dams, water supply schemes, mosques, graveyards and other amenities purposes---Government was required to earmark reasonable land only for such purposes during the course of settlement proceedings---Presumption of ownership as provided by S. 50 (2) of Land Revenue Act, 1967 with regard to unsettled land was in favour of land owners concerned---High Court asked the Government to conduct settlement proceedings to prepare record of rights and to continue settlement proceedings periodically, in accordance with law---Government could frame policies, introduce land reforms and make enactments to deal with land issues, accordingly---Constitutional petition was disposed of accordingly.

Citation Name: 2024 CLC 1984 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case SHER ZAMAN vs GOVERNMENT OF BALOCHISTAN through Chief Secretary, Civil Secretariat, Quetta Ss — 2024 CLC 1984 QUETTA-HIGH-COURT-BALOCHISTAN

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