The petitioners claimed to be in possession of land measuring 7 marlas 134 'A sq. ft. in khasra NO. 4821-Min situate in Chak. No, 212/RB, Tehsil and District, Faisalabad as tenants of the Government of Punjab/Respondent No, 3 since 1983. Out of the said land, 4 marlas 51 sq. ft. was taken over by the Municipal Corporation, Faisalabad/Respondent No, 2 for road rehabilitation. The petitioners claim to be in possession of 3 marlas 83 (1/2) sq. ft. of plot, have constructed a shop on it and are earning their living. They moved an application in 1983 before the Member Board of Revenue (Colonies), Punjab for the sale of the State land in their possession through private treaty. No action was taken on their application. The petitioners filed W.P. No, 24095/1998 which was disposed of on 23.11,1998 with the direction to decided the representation of the petitioners in accordance with law. The matter remained pending when the Municipal Corporation, Faisalabad/ Respondent No, 2 vide its Letter No, LB/227/D dated 31.12.1998 requested the Respondent No, 1 not to grant proprietary rights to the petitioners regarding, land in question. On coming to know of the above the petitioners moved an application to the Respondent No, 1 for processing, their case for grant of proprietary rights, however, he declined to accede to the request of the petitioners. Municipal Corporation, Faisalabad/Respondent No, 2 vide letter dated 9.8.1999 requested for transfer, free of cost, of certain properties to it for Faisalabad Road and Rehabilitation Project (Phase-I & II) which was acceded to by the Board of Revenue vide letter dated 3rd September, 1999.
2. Learned counsel for the petitioners contended that the petitioners are entitled to the proprietary rights. He referred to the letter of the Board of Revenue dated September 3, 1999 wherein it has been stated that the competent authority has been pleased to approve the transfer, free of cost, certain pieces of State Land situate in Chak No, 212/RB, Faisalabad to Municipal Corporation, Para-3 of the same states that Municipal Corporation shall dispose of the land as per Cabinet decision taken in its meeting held on 28,11.1998 and in accordance with Local Government and Rural Development Policy Instructions dated 23.4.1998. Learned counsel also referred to Rule 19 of the Punjab Local. Councils (Property) Rules, 1981. Conversely the learned counsel for the respondent submitted that the property in question stands transferred to the Municipal Corporation, the petitioner are tenants under Faisalabad Municipal Corporation and not under the Provincial Government. The site in question is old building for Fire Brigade. The petitioners have defaulted in the payment of rent and at present a sum of Rs, 15,80,642/- is outstanding against them. The respondent Corporation does not want to dispose of his property which is a building.
3. I have perused the record and considered the arguments of the learned counsel for the parties.
No order has been produced by the petitioners showing that the land in question was ever allotted to them or was given to them on lease by the Punjab Government. Conversely the letter of the Board of Revenue Punjab dated 3rd September, 1999 reveals that the land in question was transferred, free of-cost, to the Municipal- Corporation, Faisalabad/Respondent No,
2. The petitioners have been paying the rent to the Municipal Corporation, subsequently they stopped paying the same. It is for the Corporation to sell its property as per provisions of the Punjab Local Councils (Property) Rules, 1981 if it wishes to do so. It cannot be compelled to sell its property to the petitioners, However, the letter dated 3rd September, 1999 transferring the land to the Municipal 'Corporation has imposed the following condition: "The land shall be disposed of by Municipal Corporation, Faisalabad as per Cabinet decision taken in its meeting held on 28.11.1998 and in accordance with Local Government & Rural Development Department policy instructions issued vide No, SOV(LG) 5-4/98, dated 23A.1998."
Rule 19 of the Punjab Local Councils (Property) Rules, 1981 also permits the sale of the immovable property of a Local Council through private treaty. In view of the above if the Corporation intends to dispose of the property in question, it shall be first offered to the petitioners. With the above observations and direction this petition stands disposed of.