SAJJAD ALI vs Rana ISLAM DIN Ss — 2025 CLC 585 BOARD-OF-REVENUE-PUNJAB

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SAJJAD ALI VS Rana ISLAM DIN Ss. 117 & 3 [as amended vide Punjab Land Revenue (Amendment) Act (XVIII of 2019)]---Punjab Land Revenue Rules, 1968, Rr. 67-A & 67-B---Demarcation---Nature of land---Agricultural or commercial/residential status---Forum of adjudication---Application for the demarcation of land was filed with the contention that Burjis of the land-in-question had been destroyed, which was a cause of quarrel between the land owners, however, the demarcation report was assailed before the Assistant Commissioner---Assistant Commissioner set-aside the demarcation report with the observation that the land-in-question had become residential/commercial and demarcation of such land fell within the ambit of Civil Court---Appeals filed against order of the Assistant Commissioner were accepted by the Additional Commissioner (Revenue), while setting aside the order of Assistant Commissioner, upholding the demarcation report---Petitioners assailed said order passed by the Additional Commissioner (Revenue) before the Board of Revenue---Question whether or not a Revenue Officer is authorized to carry out demarcation of land which has attained commercial/residential status over the last many years---Held that S. 3 of Land Revenue Act, 1967, ('the Act 1967') was amended vide Act XVIII of 2019---Prior to said amendment, the next of S. 3 of the Act 1967 stated that "Nothing in this Act applies to land which is occupied as site of a town or village and not assessed to Land Revenue"---"Land occupied as the site of the town or village" was excluded from the operation of the Act 1967 vide said amendment---However, after the said amendment it was provided S. 3 of the Act 1967 that: "The provisions of this Act relating to assessment and collection of land revenue shall not be applicable to an area notified by the Board of Revenue"---Admittedly, the land-in-question was located in rural area having partly agricultural and partly non-agricultural character---Thus, the Land Revenue Act, 1967 was applicable to the land-in-question since it had not been notified by the Board of Revenue under S. 3 of the Act 1967, therefore, a Revenue Officer was authorized to carry out proceedings in the present case, as spelled out in S. 117 of Land Revenue Act, 1967; to said extent the findings of the Additional Commissioner were held to be correct---However, while dealing with the procedure for demarcation of land, the procedural law had not been followed in letter and spirit as per provisions of Rr. 67-A & 67-B of Land Revenue Rules, 1968---Member Board of Revenue set-aside both the orders passed by the Assistant Commissioner and Additional Commissioner as well as demarcation proceedings and remanded the matters directing the concerned Revenue Officer to carry out the demarcation in accordance with law within 90 days---Revision petitions were partially allowed accordingly.

SAJJAD ALI vs Rana ISLAM DIN Ss — 2025 CLC 585 BOARD-OF-REVENUE-PUNJAB

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