2004 MLD 1685 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD HUSSAIN VS MEMBER, BOARD OF REVENUE (COLONIES) PUNJAB, LAHORE Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Thal Development Act 1949--30 , Thal Development Act 1949--66 , ---Ss.30(3)(a) & 66---Constitution of Pakistan (1973), Art.199--¬Constitutional petition---Sheep and Poultry Breeding Scheme---eviction from Colony land---Petitioner was one of the applicants for the allotment of land reserved for Sheep and Poultry Breeding Scheme---Disputed land was allotted to respondent in the year 1955 but he did not take possession of the land---Petitioner took over the possession with the impression that his application would be accepted---Unauthorized possession of the petitioner had been admitted by Board of Revenue, Tawan (fine) was imposed upon him and it was also decided by the Board that the proprietary rights be conferred against payment of present market price plus 10 % surcharge on account of sale by private treaty ---Subsequently on the basis of ,second application of the respondent, the Board Revenue passed an order for eviction of the petitioner from the land---Plea raised by the petitioner was that he could ejected under the provisions of S.6ti of Thal Development Authority 1949-¬ Validity---Authorities had been accepting the lease money on yearly basis from the date of possession of the petitioner over the lot in dispute while the petitioner committed no fault in depositing the same and no dues or price was outstanding against him--Board of Revenue while passing ejectment order did not point out breach of any of the statement of conditions issued under S.30(3)(a) of Thal Development Authority Act, 1949---After deposit of sale price, the land had come out of the ambit of Revenue/Colony Authorities and the petitioner had become full owner thus the land under his possession was not liable to resumption---After expiry of about five decades it would not be appropriate and in the interest of justice to oust the petitioner from the lot and deprive him of his livelihood---Fundamental ,responsibility/obligation of Islamic State was to provide bread and butter to all its subjects and if the petitioner was ejected from the land at such stage, it would revert to the Provincial Government or the Authority and ultimately it would be allotted to sonic eligible citizen of the country---Ends of justice demanded that if the land was to be allotted to some other citizen, it should remain with the present occupant who had already spent most of the time of his life in cultivating and increasing the category of the land ---Ejectment order passed by Board of Revenue against the petitioner was set aside---Petition was allowed in circumstances.