MEMBER, BOARD OF REVENUE, PUNJAB vs SHERAZ KHAN S — 2024 PLD 1235 SUPREME-COURT

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MEMBER, BOARD OF REVENUE, PUNJAB VS SHERAZ KHAN S. 10(4)---Constitution of Pakistan, Art. 24---Affectees displaced due to Tarbela Dam Project---Tarbela Dam Oustee Scheme ('Scheme')---Allotment of alternate land---Grant of proprietary rights regarding the allotted land relatable to the date of allotment---Possession of land given but grant of proprietary rights denied to allottee because of land falling within the prohibited zone---Legality---Comprehensive and self contained procedure was prescribed (for allotment of land) leading to passing of formal orders of allotment under section 10(4) of the Colonization of Government Lands (Punjab) Act, 1912 ("Colonization Act") and then putting the allottee in possession---Through Memorandum dated 01.05.1969 the Board of Revenue had imposed an affirmative duty on the designated officials to thoroughly scrutinize the status of the selected land---It was the obligation of the Revenue Officer and the Settlement Officer, WAPDA to ensure that the selected land was 'free from any defects and encumbrances'---Deputy Commissioner Multan had confirmed to the Board of Revenue vide letter dated 20.08.1980 that the proposed land was 'free from all defects and encumbrances' and that 'it was situated outside the prohibited limits'---Deputy Commissioner, vide letter dated 21.09.1991, had affirmed that at the time of allotment of the land the Municipal Committee, Khanewal enjoyed 'second class' status and thus the allotted land did not fall within the prohibited area---Later, however, the limits of the prohibited area was extended when Khanewal was upgraded to a District and consequently, the Municipal Committee was also upgraded to 'first class' with effect from 01.07.1985---Thus, when the land was allotted it was outside the limits prescribed under clause (viii) of the Scheme and, moreover, it was free from any defect or encumbrance---Limits of the prohibited area which existed at the time of allotment were relevant i.e. when the order under section 10(4) of the Colonization Act was passed---Subsequent change in the status of the prohibited area could not affect or take away the already accrued rights---Grant of proprietary rights regarding the allotted land under the Scheme were thus relatable to the date of allotment---Therefore, grant of proprietary rights was relatable to the order passed under section 10(4) of the Colonization Act and the subsequent change in the prohibited area on account of up gradation of Khanewal from a Tehsil to District did not affect the accrued rights of allotee---Denial of grant of propriety rights in the present case was violative of the fundamental right guaranteed under Article 24 of the Constitution---Petition was dismissed and leave was refused.

MEMBER, BOARD OF REVENUE, PUNJAB vs SHERAZ KHAN S — 2024 PLD 1235 SUPREME-COURT

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