A. WAHEED BHATTI, MEMBER -- This petition has been filed by the allottees tenants/petitioners against the proceedings initiated by the Deputy Land Commissioner (DLC), Jhang on the basis of an order dated 16.6.1973 passed by the Additional Chief Land Commissioner (ACLC), Punjab, in which the declarant has been given benefit of 2000 PIUs of tractor concession.
2. The facts so far as relevant to the issue are that the land equivalent to 4678 PIUs of the lady declarant Mst. Roshnai Bibi D/o Ghulam Fatima W/o Hassan Shah R/o Jani Shah, Tehsil Chiniot, District Jhang was resumed by the DLC, Jhang in. The year 1973 and allotted to the tenants/petitioners in the same year. After lapse or 34 years, the DLC, Jhang started proceedings of the said case on the basis of an order dated 16.6.19V3 passed by the ACLC. Punjab wherein the lady declarant had been given the benefit of 2000 PI Us of tractor concession.
3. I have heard the learned counsel for the petitioners while respondents (one of the heirs of lady declarant Syed Munawwar Hussain Shah) appeared and pleaded their case in person. Two main points were argued by the counsel for the petitioners. Firstly, that the order of ACLC dated 16.06.1973 appears to be fabricated as the same has never been implemented in the field record nor the benefit was claimed for such a long time and at the time of resumption no such proof was produced before the Land Commission Authorities Secondly, if the said order had actually been passed by the ACLC, he would not have possessed any jurisdiction or authority to decide the land reforms cases at the time of decision. The counsel relied upon a judgment reported in PLD 1977 LHR 442.
4. Taking these facts into account & after examination of all the record including the notifications issued by the Punjab Land Commission thereof, it is established that moor dated 16.6.1973 of ACLC had actually been passed as he was appointed on 9.4.1973 Vide following notification:- No. EA-184-73/1412-LC (II). Pursuant to Government of Pakistan Cabinet Secretariat Establishment Division Notification No. 33(2)/73-AI, dated the 12th March, 1973, Mr. S. Muhammad Nasim, CSP, took over as Additional Chief Land Commissioner, Punjab with the rank, status and pay of Member Board of Revenue, Punjab with effect from, the forenoon of 9th April, 1973.
5. However, it is also established and confirmed by the judgment of honourable High Court that the ACLC had not possessed the powers to decide the land reforms cases at the time of passing this order as the notification empowering the ACLC was issued on 15.2.1975, vide Notification No. P 1- 6/75/660-LC (II), dated 15.2.1975. As such the order dated 16.6.1973 of ACLC is without jurisdiction and of no legal effect. Resultantly, the proceedings initiated by the DLC, Jhang for returning the area of 2000 PIUs on behalf of tractor concession are also illegal, the same should be stopped.
Allotment to the tenants made in the year 1973 shall remain intact.
6. Judgment in this case was reserved to study the record. Parties and their counsels will be informed directly as well as through DLC, Jhang accordingly.