' Muhammad Jahangir Khan, petitioner, has filed this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan with the prayer that the order, dated the 27th of April, 1975, passed by Sardar Saghir Ahmad, Minister for Revenue, Law and Parliamentary Affairs, Government of the Punjab, whereby he annulled the constitution of the People's Village Committee of Village Thakir Singhwala, be declared to be without lawful authority and consequently of no legal effect.
2. The Punjab Housing Facilities for Non-proprietors in Rural Areas Act (No, V) of 1975 was promulgated with a view to providing for housing facilities to non-proprietors in the rural areas of the Province. The Act was made operative with effect from the 2nd of December, 1974 and applied to all rural areas in the Province except such rural areas as were excluded from its operation by a Notification in the official Gazette by the Government. In subsection (1) of section 4 of the Act it was laid down; "to give effect to the provisions of section 3 a Collector may in consultation with the appropriate People's Village Committee prepare a housing scheme for every revenue estate in the district". "People's Village Committee", as defined in clause (g) of subsection (I) of section 2 of the Act "means a Committee of not exceeding five persons which may be set up by the Collector for a revenue estate for the purposes of this Act". The Assistant Commissioner, Dipalpur, in his capacity as Collector, nominated by his order, dated the 4th of December, 1974 the petitioner, along with for other persons, as members of the People's Village Committee of Village Thakir Singhwala for the purposes of allotments under the Act. The Collector had specifically observed in his order that the members nominated on the Committee were "men of integrity and honesty".
3. On the 27th of April, Dr. Muhammad Anwar Khan, resident of Thakir Singhwala submitted an application before Sardar Saghir Ahmad, Minister for Revenue, Law and Parliamentary Affairs, Government of the Punjab, objecting to the formation of the Committee, and further alleged that the Committee was making unauthorized allotments with the result that persons belonging to Rajput brotherhood were being hard hit. He prayed for formation of the Committee. The Minister on the same application and on the same day passed an order, rough translation of which is in the following terms :- "The people have no confidence in the Committee of this village. Therefore, it is declared to be null and void. New Committee should be formed in consultation with Mr. S.,harif Zafar, Chairman and M, P. A. Of the Illaqa, which should make allotments afresh. The proceedings of the present Committee are also declared to be null and void."
4. As explained above, the Punjab Housing Facilities for Non-proprietors in Rural Areas Act, 1975, is a self-contained statute; it provides for the authority which may set up the People's Village Committee,' and also lays down the manner in which the Housing Schemes are to be prepared in consultation with such a Committee. If a person feels aggrieved of an order passed by the Collector under section 4 constituting the appropriate People's Village Committee, he is not left without a remedy. Under section 7 of the Act, an appeal against every order made by a Collector lies to the Deputy Commissioner whose decision thereon has been clothed with finality. However, in case the decision is taken by the Deputy Commissioner, in his capacity as the Collector of the District, appeal against his order lies to the Commissioner whose decision thereon is again final. It is thus manifiest that the order of the Collector whereby he constitutes an appropriate People's Village Committee is not absolutely inviolable. An appeal against the order, dated the 4th of December, 1974, passed by the Assistant Commissioner, in his capacity as Collector, being competent under section 7 of the Act before the Deputy Commissioner, the application, dated the 27th of April, 1975, submitted by Dr. Muhammad Anwar Khan before the Minister for Revenue, Law and Parliamentary Affairs was an altogether redundant proceeding. No appeal having been preferred against the order of the Collector whereby he had constituted the People's Village Committee, it has assumed finality.
5. I have minutely examined the Act to see whether the Minister for Revenue has also been invested with any power, but have not been able to discover any provision whereby power might have been vested in him. The Advocate-General, Punjab. Has also not been able to bring to my notice any provision in the Act or any rule where from the Minister for Revenue could derive his power to pass the impugned order. The Advocate-General was afforded an opportunity to discuss the matter with the Minister and advise him to think over the matter again, so that if he was of the opinion that there was no power in him to pass an order like the one impugned herein, he could, perhaps, like to withdraw the same. The Advocate General says that he could not seek any instruction in this behalf. Since I have no doubt whatsoever in my mind that the Minister for Revenue had neither any appellate nor revisional power to interfere with the order of the Collector, his order, recorded on the application dated the 27th of April, 1975, of Dr. Muhammad Anwar Khan, has to be declared as without lawful authority and consequently of no legal effect.
6. The order cannot be sustained for another reason also. The Minister had passed the impugned order on the application of Dr. Muhammad Anwar Khan. An attested copy of the application has been brought on record of this Court. It is nowhere stated in the said application that the people of the village had no confidence in the members of the Committee constituted by the Collector. Dr. Muhammad Auwa Khan had only pleaded the case of Rajput brotherhood as against the other party in village who belonged to Wattoo brotherhood. Besides, the application bears signatures of Dr. Muhammad Anwar Khan alone, and none else. The order of the Minister is thus based on no evidence whatsoever, On the other hand, in the order of the Collector, dated the 4th of December, 1974, it Was clearly stated that the persons who were being nominated as members of the People's Village Committee were "men of integrity and honesty".
7. The order of the Minister for Revenue is destitute of any valid foundation for yet another reason.
The same being that in passing the same the principle of natural justice that no one can be condemned unheard was not observed. It is now well-established that whenever it is proposed to take any action affecting a person's right, he must be given notice of such intention, and, if he so desires, be afforded an opportunity of being heard, so that he should be able to explain his position. No notice was given to the petitioner before the impugned order was passed.
8. For the foregoing reasons, this petition is accepted with costs and the order, dated the 27th of April, 1975, passed by the Minister for Revenue is declared to be without lawful authority and consequently of no legal effect, with the obvious result that the petitioner shall continue to be the member of the People's Village Committee till such time he is removed in accordance with law.