' MUHAMMAD QASIM LASHARI, MEMBER (JUDCIAL)--- This is an application for revision under section 164 of the Sindh Land. Revenue Act, 1967 presented before the Senior Member, Board of Revenue, Sindh on 29-10-2005 against order dated 5-10-2005, passed by the learned Executive District Officer (Revenue), Thatta whereby he rejected appeal filed before him under section 9 of the Sindh Gothabad (Housing Scheme) Act, 1987 (hereinafter referred as the Act, 1987). The revision application was received by me from the learned Senior Member, Board of Revenue, Sindh for further adjudication.
2. The order passed by the Executive District Officer (Revenue) under section 9 of the Act, 1987 was final and no provisions of further appeal or an application for revision existed in the Act, 1987.
Nevertheless, the point to ponder in the present case was whether section 164 of the Act, 1967 (reproduced hereunder) was applicable to the cases decided under the Act, 1987:-- "164 Revision.--(1) The Board of Revenue, may at any time, on its own motion, or on an application made to it within thirty days of the passing of any order, call for the record of any case pending before, or disposed of by any Revenue Officer subordinate to it.
(2) An Executive District Officer (Revenue) or District Officer (Revenue) may, at any time, of his own motion or on any application made to him within thirty days of the passing of any order, call for the record of any case pending before, or disposed of by any Revenue Officer under his control: Provided also that no Revenue Officer other than the Board of Revenue shall have power to remand any case to a lower authority.
(3) ........................................................................................................................
S. No .Name of Original Allottee Plot No . Area (in sq. Feet)
1. Abdul Aziz son of Nasim Khan 89 9000
2. Abdul Aziz son of Rawat Khan 49 4000
3. Abdul Ghani son of Abdul Rehman110 8000
4. Abdul Ghani son of Abdul Rehman112 10000
5. Abdul Ghani son of Abdul Rehman80 9000
6. Abdul Ghani son of Abdul Rehman95 5000
7. Abdul Ghani son of Abdul Rehman50 Paisa 64 14400 50 Paisa
8. Abdul Haq son of Haji Abdul Qadir35 4000
9. Abdul Karim son of Mubeen Jukhio124 15000
10. Abdul Majeed son of Mangiladho 58 4000
11. Abdul Majeed son of Muhammad Umer Baloch15 4000
12. Abdul Manan son of Abdul Rehman68 9000
13. Abdul Rahim son of Noor Muhammad198 10000
14. Abdul Rasheed son of Abdullah Khan Abbasi69 4000
15. Abdul Rehman son of Naseem Khan88 9000
16. Abdul son of Haji Muhammad 104-A 10000
17. Abdul Salam son of Abdul Satar 27 4000(4).............................................................................................................................
3. The case was placed before the Full Board and it agreed upon the following legal position:-- "In subsection (1) of section 164 of the Act, 1967, the word "any" has been prefixed the words "case" "order" and "Revenue Officer". It connotes "any order" passed in "any case" by "any Revenue Officer".
It can thus be inferred that the revisional powers conferred upon a "Revenue Officer" under section 164 of the Act, 1967 are not restricted to those cases only in which orders are passed- under the Act, 1967 but these are applicable to any case in which order is passed under any law provided that such order is passed by a Revenue Officer as classified in section 7 of the Act, 1967. The Act, 1967 has thus general implication and it is applicable in all cases where the order is passed under any law by any Revenue Officer including all such special and local laws where the order is passed by subordinate Revenue Officer but no provision of "Revision" is provided in that statute."
4. Brief facts of the case giving rise to the present controversy are that village Kando Khashkheli, situated in Deh Gharo Taluka Mirpur Sakro, District Thatta was regularized under the Act, 1987 vide Order No,GAS1775, dated 14-6-1989 of the erstwhile Deputy Commissioner, Thattha. Subsequently in the year 1990 , Messrs, Khan Muhammad Khashkheli and other were allotted the open plots under the Sindh Gothabad Scheme and each allottee was allottee 4000 sq. Feet and above (as against 2168 sq. Feet equal to two Ghuntas) as detailed below:--
18. Abdul Wahab son of Muhammad Bachoo36 9000
19. Abdullah son of Naseem Khan 87 9000
20. Aftab Ahmed son of Addul Razzak125 10000
21. Akhtar Hussain son of Inayatullah 196 10000
22. Ali Akbar son of Jaffar Khan 169 8000
23. Ali Asghar son of Jaffar Khan 166 8000
24. Ali Bux son of Haji 136 8000
25. Ali Muhammad son of Ahmed Khan Khashkheli5 4000
26. Ali Muhammad son of Muhammad Siddiq Khashkheli17 4000
27. Ali Murad son of Rasool Bux 120 5000
28. Ali Nawazson of Punhoon Khan 153 8000
29. Ali Nawaz son of Rias Mamoon Khan Malkani171 4000
30. Allah Bachayo son of Muhammad Arif142 8000
31. Allah Bux son of Kando Khan Khashkheli7 4000
32. Allah Bux son of Mataro Khan 50 Paisa 170 10000 Bashir Ahmed son of Muhammad Hussain50 paisa
33. Allah Bux son of Shafi Muhammad86 9000
34. Allandino son of Amir Bux 30 4000
35. Amir son of Syed Tajli Hussain 91 8000
36. Anwer Ali son of Allah Bux 50 Paisa 19110000 Zubeda daughter of Muhammad Yagoob50 Paisa
37. Asad Ali son of Anwar 50 Paisa 19110000 Muhammad Ramzan son of Chhota Khan50 Paisa
38. Asadullah son of Noor Muhammad50 Paisa 21510000 Attaullah son of Noor Muhammad50 Paisa 21510000
39. Asif Ali son of Tajli Hussain 109 4000
40. Asif son of Syed Tajli Hussain 98 5000
41. Atta Muhammad son of Ali Murad Baloch165 8000
42. Atta Muhammad son of Moula Bux34 4000
43. Attaullah son of Ghulam Muhammad186 5000
44. Baboo son of Muhammad Hashim Khashkheli22 4000
45. Badruddin son of Wahid Box 176 5000
46. Badrunissa wife of Imtiaz 208 10000
47. Cattle Farm of Kando Khan 32 4000
48. Dharam Das son of Lachhman Das57 4000
49. Doulat Ram son of Phomal 117 5000
50. Dr. Jamil Rehman son of Muhammad Uris139 8000
51. Faheem Sarwar son of Ghulam Sarwar Soommro44 4000
52. Farukh Bashir son of Bashir Ahmed33 4000
53. Farzana daughter of Nazir Ahmed38 4000
54. Ghulam Ali son of Sikander Ali 50 Paisa 149 10000 Salma daughter of Sikandar Ali 50 Paisa
55. Ghulam Hussain son of Ammon 123 22500
56. Ghulam Hussain son of Mamoon Khashkheli21 4000
57. Ghulam Hyder son of Ghulam Hussain10 4000
58. Ghulam Mandi soil of Hussain 171-A 10000
59. Ghulam Mandi son of Muhammad Hussain50 Paisa 201 10000 Muhammad Mithan son of Muhammad Umer Jokhio50 Paisa
60. Ghulam Mandi .Son of Muhammad Hussain115 10000
61. Ghulam Mustafa son of Ali Murad 131 4000
62. Ghulam Mustafa son of Bashir Ahmed158 8000
63. Ghulam Mustafa son of Muhammad Sadique57 4000
64. Ghulam Qadir son of Noor Muhammad Memon51 40000
65. Ghulam Rasool son of Rasool Bux 50 Paisa 18710000 Naheed Akhtar daughter of Ghulam Rasool50 Paisa
66. Gul Hassan son of Muhammad Juman104 4000
67. Gul Muhammad son of Allah Bachayo50 Paisa 1805000 Muhammad Ramzan son of Chota Khan50 Paisa
68. Gul Muhammad son of Muhammad Juman10 4000
69. Gulzar Ali son of Muhammad Soomar168 8000
70. Habibullah son of Abdul Khan 62 4000
71. Haji Allah Warayo son of Arab 148-A 8000
72. Haji Allahwarayo son of Arab 146-A 8000
73. Haji Allahwarayo son of Arab 133 10000
74. Hanifa daughter of Muhammad Yousif84 9000
75. Hassan Ali son of Haji Ibrahim 206 8000
76. Humera daughter of Allah Bachayo129 4000
77. Hussain Bux son of Punhoon Khan157 8000
78. Ilim Din son of Muhammad Arif 50 Paisa 144-A 8000 Zahir Ahmed son of Muhammad Arif50 Paisa
79. Jam Bijar Khan son of Jam Haji Murad Ali Khan132 10000 79-A Bashir Ahmed son of Haji Ilim Din 161 8000
80. Jamil Ahmed son of Anwar Ali 75 5100
81. Jamshad Ahmed son of Aftab Ahmed73 4000
82. Jawad Ahmed son of Aftab Ahmed70 4000
83. Karim Bux son of Sefal 60 4000
84. Khamiso son of Muhammad Juman12 4000
85. Khamiso son ofMuharam 74-A 6000
86. Khan Muhammad son of Muhammad Khashkheli3 4000
87. Khando Khan son of Ahmed Khan Khashkheli8 4000
88. Kod son of Uris 137-A 8000
89. Malta daughter of Abdul Ghani 108 8000
90. Maha daughter of Abdul Ghani 97 5000
91. Maha daughter of Abdul Ghani 50 Paisa 78 18000 Ruja daughter of Abdul Ghani 50 Paisa
92. Majid Ali son of Ghulam Rasool 178 10000
93. Majid Anwar son of Atta Muhammad174 5000
94. Mamoon son of Amoon Khashkheli121 8000
95. Mamoon son of Amoon Khashkheli23 4000
96. Manzoor Ahmed son of Muhammad Hassan173 5000
97. Manzoor Ali son of Muhammad Hassan127 5000
98. Marvi daughter of Muhammad Essa182 5000
99. Mashooq Ahmed son of Muhammad Usman175 5000
100. Mehr son of Muhammad Khashkheli29 4000 101 Mir Mansoor Ali son of Nazir Ahmed85 9000
102. Mir Mansoor son of Nazir Ahmed 100 4000
103. Mir Mansoor son of Nazir Ahmed 50 Paisa 103 10000 Muhammad Iqbal son of Jamal Din50 Paisa
104. Moin-ub-Din son of Feroze Din Shaikh52 4000
105. Mst. Zarina daughter of Amoon 152 10000
106. Muhammad Younis son of Muhammad Hashim25 4000
107. Muhammad Achar son of Muhammad Ramzan Khashkheli28 4000
108. Muhammad Ajmal son of Muhammad Yaqoob207 10000
109. Muhammad Akbar son of Haji Allah Warayo134 10000
110. Muhammad Akram son of Bhala Khan50 Paisa 150 8000 Habib son of Bhatoo 50 Paisa
111. Muhammad Anwar son of Rasool Bux Bhatti26 4000
112. Muhammad Arab son of Muhammad Juman11 4000
113. Muhammad Ashraf son of Haji Allahwarayo135 10000
114. Muhammad Asif son of Syed Tajli Hussain93 5000
115. Muhammad Ayoub son of Muhammad Ramzan50 Paisa 162 8000 Usman son of Haji Mehar 50 Paisa
116. Muhammad Dawood son of Kando50 Paisa 102 10000 Jumo son of Manik 50 Paisa
117. Muhammad Ibrahim son of Ahmed Khan9 4000
118. Muhammad Ibrahim son of Muhammad Hassan Khashkhel16 4000
119. Muhammad Iqbal son of Jamal Din137 20000 Sajid Ali son of Ghulam Rasool 50 Paisa
120. Muhammad lqbal son of Muhammad Moosa Khashkheli19 4000
121. Muhammad Khan son of Muhammad Bubar Khan50 Paisa 181 5000 Ahsan Ali son of Muhammad Moosa50 Paisa
122. Muhammad Moosa son of Muhammad Khan Khashkheli20 4000
123. Muhammad Murad son of Muhammad Ibrahim50 Paisa 192 10000 Muhammad Ismail son of Muhammad Ibrahim50 Paisa
124. Muhammad Muslim son of Muhammad Yaqoob50 Paisa 209 10000 Waqar unissa wife of Muhammad Muslim50 Paisa
125. Muhammad Nazeer son of Dhani Bux197 10000
126. Muhammad Rasheed. Son of Syed Ali Hassan94 5000
127. Muhammad Saleh son of Bachal46 4000
128. Muhammad Siddiq son of Muhammad Ismail Khashkheli18 4000
129. Muhammad Soomar son of Mahmood13 4000
130. Muhammad Suleman son of Dilbar Khan50 Paisa 160 8000 Altaf Hussain son of Muhammad Yaqoob50 Paisa
131. Muhammad Suleman son of Kamal72 4000
132. Muhammad Uris son of Kando Khan Khashkheli6 40000
133. Muhammad Uris son of Muhammad Bubar61 4000
134. Muhammad Younis son of Haji Bhan50 Paisa 171 10000 Ghulam Abbas son of Zaheer Ahmed50 Paisa
135. Muhammad Yousuf son of Baloch Khan122 8000
136. Muhammad Zakir son of Kifayatullah50 Paisa 225 10000 Nisar Ahmed son of Abdul Sattar 50 Paisa
137. Mumtaz Ali son of Muhammad Soomar14 4000
138. Munawar Ali son of Muhammad Ibrahim Palijo59 4000
139. Munir Ahmed son of Ahmed Khan193 5000
140. Munir Hussain son of Ali Nawaz Mangi50 4000
141. Murtaza son of Punhoon Khan 151 10000
142. Nadia daughter of Nasim Khan 90 9000
143. Naheed Akhtar daughter of Nazir Ahmed106 8000 Naheed Akhtar daughter of Nazir Ahmed167 8000
144. Najma wife of Abdul Ghani 50 Paisas81 14400 Ruja daughter of Abdul Ghani 50 Paisa
145. Nargis wife of Ghulam Hyder 200 10000
146. Nazir son of Syed Bunyad Ali 67 9000
147. Nazir Ahmed son of Ali Gohar 37 4000
148. Nazir Muhammad son of Muhammad Achar31 4000
149. Niaz Muhammad son of Abdul Din50 Paisa 140 8000 Ali Muhammad son of Adam 50 Paisa
150. Noor Ahmed son of Haji Ilyas 214 5000
151. Nujat Ali son of Haji Ilim Din 159 8000
152. Otaz Kando Khashkheli 2 4000
153. Pathani wife of Muhammad Essa 189 1000
154. Pathani wife of Muhammad Essa 83 9000
155. Pir Muhammad son of Pir Mahboob Shah53 4000 156 Pir Muhammad son of Muhammad Arif50 Paisa 143 8000 Ali Zaman son of Hassan 50 Paisa
157. Pir Nazir Shah son of Pir Mir Ali Shah54 4000
158. Pushotam son of Kharshan Lal 42 4000
159. Rafiq son of Wali Muhammad 48 4000
160. Rajab Ali son of Ali Muhammad Khashkheli4 4000
161. Rasheed Ahmed son of M. Siddiq Memon128 8000
5. The above
162. Rasool Bux son of Ali Murad 164 8000
163. Razia Parveen wife of Abdullah 189 10000
164. Riaz Din son of M.K. Qadri 126 10000
165. Rifat Naveed daughter of Ali Muhammad194 10000
166. Ruja daughter of Abdul Ghani 96 5000
166. Ruja daughter of Ghani 50 Paisa 63 14400 Najma wife of Abdul Ghani 50 Paisa
166. Saeed Ahmed son of Muhammad Bux50 Paisa 63 10000 Manzoor Ali son of Muhammad Jurial50 Paisa 188 10000
167. Safia. Khanim daughter of Shaheed Muhammad Malook Jagirani179
168. Sajid Ali son of Nasir Ali 130 4000
169. Saman Mal son of Prisil Mal 118 5000
170. Sardar Ali son of Slier Muhammad210 10000
171. Sehat Bai daughter of Muhammad Arbab50 Paisa 163 8000
172. Shah Batool daughter of Nazir 39 4000
173. Shaheen Afandi wife of Naseem Khan147 8000
174. Shaheen Afandi wife of Nasim Khan107 4000
175. Shaheen Afandi wife of Nasim Khan113 1000
176. Shaheen Afandi wife of Nasim Khan79 9000
177. Shaheen Afandi wife of Nasim Khan50 Paisa 82 14400 Abdul Ghani son of Abdul Rehman50 Paisa
178. Shahid Aziz son of Abdul Aziz 41 4000
179. Shahjahan son of Jehangir 50 Paisa 172 10000 Anayatullah son of Abdul lah 50 Paisa
180. Shahla wife of Jamil Rehman 119 4000
181. Shahnawaz 'son of Punhoon Khan155 8000
182. Shahnawaz son of Punhoon Khan 156 4000
183. Shahzadi alias Shazia daughter of Muhammad Qasim185 5000
184. Shahzadi alias Shazia daughter of Muhammad Qasim101 4000
185. Shaista wife of Muhammad Ramzan183 5000
186. Shamim daughter of Zahir Ahmed199 10000
187. Sharifa Bibi wife of Abdul Sattar 195 10000
188. Shoukat Abbasi 146 8000
189. Shoukat Ali son of Dhani Bux 138 8000
190. Sikander Ali son of Allah Mix 184 5000
191. Sikandar son of Arbab Ali 74 4000
192. Soomar son of Long Mirbehar 145 8000
193. Syed Abdul Rehman son of Syed Jamil66 9000
194. Syed Ajmal Hussain son of Abdul Satar Shah24 4000
195. Syed Saifal Malook son of Syed Khan Shah50 Paisa 220 10000 Ahmed son of Khabar Mirbehar 50 Paisa
196. Syed Tajli son of Tosal Hussain 92 8000
197. Taj Bibi wife of Rahoo Khan Brohi 55 4000
198. Taj Muhammad on of Haji Wali Dad Khan144 800
199. Umran Siddiq son of Hakeem Nasim Ahmed65 9000
200. Vikio son of Soomar 47 4000
201. Wajia Anand daughter of Krishan Lal77 6000
202. Waseem Sarwar son of Ghulam Sarwar Soomro43 4000
203. Yasim Munawar wife of Ahmed Khan116 5000
204. Yasmin wife of Ahmed Khan 111 10000
205. Yasmin Munawar wife of Ahmed Khan148 8000
206. Yasmin wife of Ahmed Khan 114 10000
207. Yasmin wife of Haji Noor Ali 141 8000
208. Zaheer Ahmed on of Ali Gohar 40 4000
209. Zaheer Ahmed son of Punhoon Khan99 5000
210. Zahid Aziz son of Abdul Aziz 76 6000
211. Zarian daughter of Ammon 117 10000
212. Zulfiqar Ali son of Haji Allandino 50 Paisa 154 2000 Arshad Ali son of Haji Allandino 50 Paisa allotments were made in contravention of section 3 of the Act, 1987 which contemplates that the Collector (now District Officer, Revenue) may on the recommendations of the Allotment Committee allot land not exceeding two Ghuntas (2168 sq. Feet) for construction of house to a deserving person (which as defined in section 2(1)(b) of the Act, 1987 means a person residing in the rural area who is in genuine need of residential accommodation in a village) in the union council in which he originally resides free of cost in such manner and on such terms and conditions as may be prescribed provided that the aforesaid limit shall not apply to the land or Asaish whereupon a deserving person has built a house before the coming into force of Act, 1987 with a view to taking up permanent residence. In the instant case the area allotted to each allottee exceeded that permissible ceiling of. 2 Ghunttas and nothing has been produced to prove that the said allotments were made on the recommendations of the Allotment Committee and that the allottees are "deserving persons".. Moreover, there are certain allottees who have been allotted more than one plot. For instance, Abdul Ghani son of Abdul Rehman and his family members have been allotted 16 plots as detailed below:-- Name Plot No. Area Allotted (in sq. Feet)Remarks Abdul Ghani son of Abdul Rehman110 8,000 --- 112 10,000 --- 80 9,000 --- 95 5,000 --- 64 7,200 50% share out of 14400 sq. Feet 82 7,200 50% share out of 14400 sq. Feet Maha daughter of Abdul Ghani108 5,000 --- 97 5,000 --- 78 9,000 50% share out of 18000 sq. Feet Ruja daughter of Abdul Ghani81 7,200 50% share out of 18000 sq. Feet 78 9,000 --- 81 7,200 50% share out of 14400 sq. Feet 96 5,000 --- 63 7,200 50% share out of 14400 sq. Feet 81 7,200 50% share out of 14400 sq. Feet 63 7,200 50% share out of 14400 sq. Feet 68 9,000 --- There is another instance where the family members of Naseem Khan have been allotted 9 plots as detailed below 89 9,000 --- 64 7,200 50% share out of 14400 sq. Feet 147 8,000 --- 107 4,000, --- 113 10,000 --- 79 9,000 --- 82 7,200 50% share out of 14400 sq. Feet Abdul Rehman son of (sic)88 9,000 --- Naseem Khan son of Naseem Khan87 9,000 ---
7. Abdul Ghani son of Abdul Rehman and Shaheen Afandi wife of Naseem Khan have purchased the plots from other allottees also through oral statements which were entered in Form-II of Deh Gharo. Nevertheless, these entries are without lawful authority and they do not manufacture a beneficial position for the applicant to make it a spring board for giving him a better tilt in the decision.
8. The plots purchased by Naseem Khan and subject-matter of the instant case are as under:-- S.No. Plot No. Area (in sq. Feet) Allotted to (original allottee)
1 2 3 4
1. 63 14400 Ruja daughter of Ghani 50 Paisa Najma wife of Abdul Ghani 50 Paisa
2. 65 9000 Umran Siddiq son of Hakeem Nasim Ahmed
3. 66 9000 Syed Abdul Rehman son of Syed Jameel
4. 67 7000 Nasir son of Syed Bunyad Ali
5. 68 9000 Abdul Manan son of Abdul Rehman
6. 78 18000 Maha daughter of Abdul Ghani 50 Paisa Ruja daughter of Abdul Ghani 50 Paisa
7. 79 9000 Shaheen Afandi wife of Nasim Khan
8. 81 14.400 Najma wife of Abdul Ghani 50 Paisa Ruja daughter of Abdul Ghani 50 Paisa
9. 87 19000 Abdullah son of Nasim Khan
10. 88 9000 Abdul Rehman son of Nasim Khan
11. 89 9000 Abdul Aziz son of Nasim Khan
12. 90 9000 Nadia daughter of Nasim Khan
13. 91 8000 Amir son of Syed Tajli Hussain
14. 92 8000 Syed Faijli son of Tosal Hussain
15. 93 5000 Muhammad Asif son of Syed Tajli Hussain
16. 94 5000 Muhammad Rashid son of Syed Ali Hassan
17. 95 5000 Abdul Ghani son of Abdul Rehman
18. 96 5000 Ruja daughter of Abdul Ghani
19. 97 5000 Maha daughter of Abdul Ghani
20. 98 5000 Asif son of Syed Tajli Hussain
21. 99 5000 Zahir Ahmed son of Punhoon Khan
22. 100 4000 Mir Mansoor Ali son of Nazir Ahmed
23. 107 4000 Shaheen Afandi wife of Nasim Khan
24. 108 8000 Maha daughter of Abdul- Ghani
25. 109 4000 Asif Ali son of Tajli Hussain
26. 110 8000 Abdul Ghani son of Abdul Rehman
27. 111 10000 Yasmin wife of Ahmed Khan
28. 113 10000 Shaheen Afandi wife of Nasim Khan
29. 114 10000 Yasmin wife of Ahmed Khan
30. 119 4000 Shahla wife of Jamil Rehman
31. 120 5000 Ali Murad son of Rasool Bux
32. 133 10000 Haji Allahwarayo son of Arab
33. 135 10000 Muhammad Ashraf son of Haji Allahwarayo
34. 136 8000 Ali Bux son of Haji
35. 138 8000 Shoukat Ali son of Dhani Bux
36. 139 8000 Dr. Jamil Rehman son of Muhammad Uris
37. 145 8000 Soomar son of Long Mirbehar
38. 146 8000 Shoukat Abbasi
39. 147 8000 Shaheen Afandi wife of Nasim Khan
40. 148 8000 Yasmin Munawar wife of Ahmed Khan
41. 155 8000 Shah Nawaz son of Punhoon Khan
42. 156 8000 Shah Nawaz son of Punhoon Khan
43. 166 Ali Asghar son of Jafer Khan
44. 168 Gulzar Ali son of Muhammad Soomar
45. 169 Ali Akbar son of Jafer Khan
46. 64 14400 Abdul Ghani son of Abdul Rehman 50 Paisa Shaheen Afandi wife of Nasim Khan 50 Paisa
47. 80 9000 Abdul Ghani son of Abdul Rehman
48. 82 14400 Shaheen Afandi wife of Nasim Khan 50 Paisa Abdul Ghani son of Abdul Rehman-50 Paisa
49. 84 9000 Hanifa daughter of Muhammad Yousif
50. 95 5000 Abdul Ghani son of Abdul Rehman
51. 100 8000 Mir Mansoor Ali son of Nazir Ahmed
52. 117 5000 Dolat Ram son of Phomal
53. 118 000 Sanal Mal son of Pitsi Mal
9. Naseem Khan had purchased the above plots mentioned in para.6 above from the Khatedars on the basis of oral statement and such entries were made in Form-II as under:-- S. No .Name of Seller Plots Purchased Entry No, of Form-II 1 Abdul Ghani son of Syed Abdul RehmanPlots mentioned at S.Nos.1 to 46 of para 3 above257 2 Shaheen Afandi wife of Naseem KhanPlots mentioned at S.Nos.47 to 51 of para 3 above255 3 Daulat Ram son of Pho Mal Plots mentioned at S.Nos.52 of para 3 above256 4 Sanal son of Pitsi Mal Plot mentioned at S.No. 53 of the para. 3 above258
10. In the year 2005, on the application of Messrs Salah Muhammad Suwali, Murad Brohi, Muhammad Anwar Thaheem, Abdullah Jokhio and Muhammad Ramzan Mirbahar and on the basis of Report bearing No,Mukh(HQ)TTA/5095, dated 26-7-2005 of Mukhtiarkar (HQ), Thatta, Report bearing No,DDO/Rev/SC/1353, dated 28-7-2005 from Deputy District Officer. (Revenue), Mirpur Sakro and Gharo, Report bearing No,SC/206, dated 28-7-2005 from Mukhtiarkar (Revenue), Mirpur Sakkro and office Order No,SGA/889, dated 20-10-1997 of the then Deputy Commissioner Thatta, the District Officer (Revenue), Thatta vide his Order No,DO(R&E)TTA/18040, dated 26-8-2005 cancelled the allotments mentioned at para.2 ante. The concluding para operative part of the said order is reproduced as under:-- "As per the Act the Sanads are required to be issued to the occupants rather than the claimants, therefore regardless of any justification under the ,Act, Sanads were issued comprising excess than prescribed area i,e, 2168 sq. Feet to the claimants instead of occupants. The Sindh Gothabad Scheme Act, has categorically stated the terms and conditions for issuance of Sanads i,e, "Subject to the other provisions of this Act the Collector may on recommendations of the Allotment Committee allot land not exceeding tWo Ghuntas (2168 sq. Feet) for construction of house to a deserving person in the union council in which he ordinarily resides, free of cost in such a manner and on such terms and conditions as may be prescribed."
11 The above order has been mentioned by the learned Executive District Officer (Revenue), Thatta vide his order dated 5-10-2005, hence the present application for revision.
12. I have gone through the record and have slurred over almost all the relevant papers and have also juxta posed the arguments of the learned counsel and have critically and pragmatically examined the procedure adopted by the lower formation in allotting the valuable State land. The District Officer (Revenue), Thatta has cancelled the allotments in exercise of powers conferred upon him under section 6 of the Sindh Gothabad (Housing Scheme) Act, 1987 on the main ground that the allotments have been made in excess of permissible ceiling of 2 Ghunttas (2168 sq. Feet). It is quite obvious that the allotments are made clandestinely in utter disregard of the process of the Act, 1987 having colluded with lower Revenue/Gothabad staff. The whole process of the allotments seems to be a sham one. The legal infirmities, technical glitches and adjudicative snags have significantly. Rendered the allotments unsustainable, illegal and arbitrary in nature gnawing at judiciousness.
13. A perusal of section 6 of the Act, 1987 reveals that the provisions of said section can always (without the hurdle of limitation) be invoked in the circumstances and being satisfied that the allottee has:--
(a) Furnished wrong information for securing allotment or grant; or
(b) Committed a breach of the conditions of allotment or grant.
14. The terms and conditions of allotment of land as laid down in section 3 read with section 2(6) of the Act, 1987 are:--
(i) the allotment of land should not exceed 2 Ghunttas (2168 sq. Feet),
(ii) the allotment must be made on the recommendation of the Allotment Committee,
(iii) the allotment of land is for the construction of house and as such it must be used for the construction of a house,
(iv) the allotment must be made to a deserving person as defined in section 2(f) of the Act, 1987 that is to say the allottee must be a person residing in rural area who is in genuine need of residential accommodation in a village,
(v) the allottee must be residing in the union council in which the land allotted is situated, and
(vi) the allotment must be free of cost,
(vii) one person is to be allotted one plot, allotment of more than one plot in the name of single person is not permissible under the Act, 1987.
15. In the instant case, the ex-allottees whose allotments have been cancelled by the learntd District Officer (Revenue), Thatta, furnished wrong information for securing allotments/grants and also committed breaches of conditions in the following manner:- ' First: Securing the allotment of land exceeding 2 Ghunttas amounted to breach of condition of allotment prescribed in section 3 of the Act, 1987 that the allotment of land should not exceed 2 Ghunttas (2168 sq. Feet).
' Second: Securing allotment of more than one plot one name is not permissible under the Act, 1987 and it is against the aim, object and spirit of Act, 1987, hence violative of terms and conditions of allotment/grant.
' Third: the allotment of land not made on the recommendations of Allotment Committee amounted to another breach of condition of allotment prescribed in section 3 of the Act, 1987, that allotment must be made on the recommendations of the Allotment Committee.
' Fourth: the land, as laid down in section 3 of Act, 1987, is allotted free of cost for the construction of house. Therefore, a condition/limitation is imposed upon the allottee that he will himself construct a house. If he does not construct a house on the plot allotted to him free of cost, he commits the breach of condition of allotment. The imposition of condition that the allottee shall construct a house thereon is certainly an embargo put on the allottee that he will not selhit out in the shape of plot. The ex-allottees instead of constructing house for them and their family members, sold out the land and thereby committed breach of condition of allotment.
' Fifth: the ex-allottees by their act of selling out the land allotted to them for construction of house, proved that they were not deserving persons and as such for securing allotment they furnished wrong information that they were in genuine need, of residential accommodation in the village.
Moreover, the allotment of land (in the shape of open plot) to an undeserving person was a breach of condition of allotment.
' Sixth: the appellant is not the person residing in the Union Council in which the land is situated, as such the Act, 1987 does not apply to him and he cannot get the land in question either allotted or transferred in his name. The transfer of land to him is breach of condition of the allotment that the allottee must be residing in the Union Council in which the land is situated.
' Seventh: the appellant has purchased the land in question on paying money/cost whereas it is to be given free of cost. The purchase of .Land in question by money is a breach of condition of allotment, that the allotment must be free of cost.
' Eighth: the applicant is neither resident of Union Council nor he is a deserving person/illegible to the allotment/grant/transfer of the land in question.
' Nineth: the open plots are allotted for residential purpose. Its purchase by any person for commercial purpose would be a violation of the entire Act, 1987 which allows the allotment of plot only for residential purpose and that too to the deserving persons. It would also be an attempt to jeopardize the long title and preamble of the Act, 1987 which states that the Act, 1987 has been promulgated to make provisions for housing facilities to the deserving persons in the rural areas of the Province of Sindh and not for making a source of business/income for the rich persons.
16. It is quite relevant to mention here that all the aforesaid infringements/breach of conditions of allotment are not rectifiable. It is of pivotal importance that while mutating the land in favour of applicant, the above points have been ignored explicitly and implicitly. Mr. T.H. Amer, learned counsel for the applicant though argued at length, has not been able to controvert and shatter the above legal and factual position which is said to be a classic violation of law coupled with guised favouritism, smacking of hidden arbitrariness.
17. It is the contention of the applicant that he is a bona fide purchaser of the plots in question and is entitled to the protection under section 41 of the Transfer of Property Act, 1882. In this context it is to mention that the grants made by the Government are governed by the Government Grants Act, 1895 which has been promulgated to explain the Transfer of Property Act, 1882 so far it relates to grants from Government and to remove certain doubts as to the powers of the Government to impose limitations and restrictions upon grants and other transfers of land made by it or under its authority and to remove such doubts in relation to such grants. The entire. Government Grants Act, 1895 comprises of three sections.
18. Section 2 of the said Act postulates that nothing in the Transfer of. Property Act, 1882, contained shall apply or be deemed ever to have applied to any grant or other transfer of land or of any interest therein heretofore made or hereafter to be made by or on behalf of Government to or in favour of any person whomsoever but every such grant and transfer should be construed and take effect as if the said Act had not been passed.
19. Section 3 of the Government Grants Act, 1895, states that all provisions, restrictions, conditions and limitations ever contained in any such grant or transfer as, aforesaid shall be valid and take effect according to their tenor, any rule of law, statute or enactment of the legislature to the contrary notwithstanding.
20. In view of above legal position, the applicant cannot get the benefit of any of the provisions of Transfer of Property Act, 1882 which is inapplicable in his case. The applicant has not acquired any right in the disputed land which is State land in legal parlance has not been transferred to him. The Entries Nos.255, 256, 257, 258 etc. Made in Deh Form-II of Deh Gharo are void for the obvious reasons that these are not effected on the basis of any title document or legal and valid transfer order. The land in the shape of open plots cannot be further transferred to any one else because no one else can use it excepting the original allottee and that too for the construction of his house. The averments made by the applicant has no positive legal recognition in the legality and these are mostly based on logical sophistries without any reference to relevant law in vogue.
21. The applicant has stated that the District Officer (Revenue), Thatta has cancelled the allotment of the open plots without issuing notices and without hearing him and the original allottees. In this context, the District Officer (Revenue), Thatta vide his letter No,DOR/R&E/TTA/4712, dated 7-6-2006 has reported as under:- "In the instant case, since aforesaid conditions were required to be fulfilled before cancellation; and since the notices were to be served, I personally visited the site on 17-7-2005 and could not find any sign of single Jhugi in this village and no occupant/allottee was residing in the above village and their whereabouts are not known therefore show-cause notice could not be issued. The village Kando Khashkheli was sanctioned by the then Deputy Commissioner, Thatta under letter No,GAS/795, dated 14-6-1989 without constitution of Allotment Committee . "
22. It is true that the District Officer (Revenue) cannot cancel allotment or grant and resume the land unless he has given the allottee or grantee an opportunity of being heard. A perusal of section 6 of the Act, 1987 reveals that for giving opportunity of being heard before cancellation and resumption, the stress is laid upon the `allottee' and `grantee'. Therefore, it is only the `allottee' or 'grantee' alone who is to be afforded the opportunity of being heard. In the given legal position,- the above point of non-issuance of notice should have been agitated by the original allottee(s) who can be said as the real affectee(s) but none of the 212 allottees mentioned at para 2 ibid (arithmetical mistake in given figures, if discovered at any stage, would be rectifiable under section 166 of the Sindh Land Revenue Act, 1967) whose allotments have been cancelled has filed any appeal or application for revision. The present applicant who is not the original allottee or grantee or a deserving person of the locality but is a purchaser of the plots through illegal means to use it for commercial purpose, cannot agitate this point as he cannot step into the shoes of original allottees and thus has no locus standi/or any legitimate right to sue.
23. The main averment of the applicant claiming his right on the ground that he has invested the money is unnecessary just to grind his own exe, having no blessings and support of law. The applicant may have invested the money and may deserve sympathies but nobody can travel beyond the provisions of law and come to his rescue for his illegal acts which he has committed at his own risk ad cost.
24. The result is that the present application for revision being devoid of legal force and incompetent is dismissed and the Order No,DO(R&E)TTA/8040, dated 26-g-2005 of the learned District Officer (Revenue), Thatta and the order dated 5-10-2005 of the learned Executive District Officer (Revenue), Thatta passed in Appeal No,939-HVC/2005 are maintained.
25. The contents of this order are read over to and announced in open Court in presence of Mr. T.H.
Amer, learned counsel for the applicant.