' JAWWAD S. KHAWAJA, J.---The petitioner impugns the judgment of a learned Division Bench of the High Court dated 19-11-2013.
2. The facts of the case are straightforward. Under the Land Reforms Act, 1977, the land in question measuring 1737 acres 3 kanals and 3 marlas situated in Chak Fateh Khan and Chak Fatu Wala, Tehsil Fateh Jang was resumed. Thereafter, on 7-6-1990 vide mutation No, 31, this land was transferred to the Forest Department of the Punjab Government. It is contended on the basis of the revenue record that the land in question was ghair mumkin pahaar' and there was no cultivating tenant nor indeed was the land arable. The provincial government also sanctioned a sum of Rs,5.92 million for the development of the resumed land into forest land and out of this sum a substantial part was also expended. However on 25-10-1998, suo motu notice was taken by the Federal Land Commission and thereafter, vide order dated 7-5-1994 of the Federal Land Commission Islamabad, the transfer of the resumed land to the Forest Department was cancelled.
It was held by the Federal Land Commission that tenants in cultivating possession had to be satisfied first.
3. Learned counsel contends that since the land was not cultivable, there were no tenants who could be claimants in respect of the said land. The private respondents were tenants of cultivated land in two mouzas and their claims have been duly satisfied.
4. We have heard the learned Law Officer and learned counsel representing the Land Commission and the private respondents Nos. 2 to 14. We have also gone through the record with their assistance.
5. We find it quite extraordinary that without giving any valid reasons, the Member Land Commission vide order dated 7-5-1994 proceeded to cancel a past and closed transaction whereby the land measuring 1737 acres, 3 kanals and 3 marlas, which was mutated in favour of the Forest Department of the Punjab Province, was cancelled. We have also found it quite surprising that this was done in purported exercise of suo motu powers. Paragraphs 5 and 6 of the order dated 7-5-1994 do not give any good justification for cancelling the land which stood allotted in favour of the Forest Department as far back as 1979. We are not in any doubt whatsoever that there was no reasonable cause or justification for exercising suo motu jurisdiction for the purpose of cancelling the past and closed transaction in favour of the Forest Department of the Government.
6. In view of the above discussion, this petition is converted into an appeal and is allowed. As a consequence, the cancellation of the mutation made in favour of the Province (Forest Department) is set aside. The land shall be put to use as forest land only.