SHAHID BILAL HASSAN, J. ----The petitioner has filed the instant constitutional petition with the following prayer:- "In view of the above, it is respectfully prayed that the impugned order dated 18.05.2020 passes/ by respondent No.2 and those passed by respondents Nos.3 and 4 dated 5.5.2020 and 14.11.2019 may graciously be set aside and the respondents may be directed to allot five kanals of land to the petitioner through private treaty , in compliance with the orders of the High Court dated 27.11.1991 and 10.10.2006 and of the Member (IV), Board of Revenue dated 10.3.2008 which went unchallenged and attained finality".
2. Heard and comments perused.
3. Admittedly , land in dispute was leased out for al period of twenty years to the father of the petitioner for a specific purpose i.e. construction of library and the lease period has expired in the year 2016. The District Collector who visited the spot for site inspection submitted his report dated 04.05.2019, which depicts violations of terms and conditions of lease as he reported as under:-
(i) The issue of fraud, foul play has already been observed in instant issue which may kindly be perused through from the brief history of the orders passed by then Deputy Commissioner Mian Mohsin Rasheed on 14.1 1.2013.
(ii) The visit of the site further divulged that applicants have encroached far more area against their impugned lease of the state land measuring 03-kanals.
(iii) In furtherance of above, a private school is running on commercial basis and the said land is also being used for residential purpose which is a blatantly violation of statement of conditions on which land was leased out.
(iv) The lease of said land has already been expired in the year 2016 and as a matter of fact there is no such policy in vogue through that said may be allow ed to be continued to present occupants so at present they are illegal encroachers and trespassers on the said land.
The District Collector further reported that a small library and school was established on the site. However , both were closed due to Corona epidemic. The lncharge of library Mr. Zafar has occupied the place and having residence on the first storey . The land occupied by the library and school is 05-Ka nal that is above leased area of 03-Kanals. When we put the above mentioned facts in juxtapositions then it seems to leave no doubt that impugned land is under the illegal occupation and the order passed by the then Deputy Commissioner Mian Mohsin Rasheed dated 14.1 1.2019 is retinal and same is endorsed.
4. It is vivid from the order dated 10.03.2008 passed by learned Member (Judicial IV) Board of Revenue Punjab that a clear observation was made to the effect that after obtaining the proprietary rights of the land in question the present petitioner Mian Mohsin Rasheed shall make a trust as per his commitment with regard to the management of the said library-cum-school. In case the petitioner fails to fulfill the commitment made, for making a trust in respect of the Library in question, before the honourable Lahore High Court, Lahore as well as this Court, the land in question shall be resumed by the State irrespective of the fact that proprietar y rights have been given to the petitioner and construction has been made by him.
5. Now when the petitioner violated the terms and conditions as well as undertakin g given by him before this Court and learned Member (Judicial-IV), Board of Revenue Punjab coupled with non-d eposit of single penny of lease amount to the treasury of Government, the occupation of the petitioner over the disputed property has rightly been declared as illegal and the status of the present petitioner after cancellation of lease in his favour is nothing but as an encroacher . During course of arguments, learned counsel for the petitioner has failed to point any legal infirmity in the impugned orders warranting interference by this Court in exercise of extraordinary constitutional jurisdiction.
6. For the foregoing reasons, the constitutional petition in hand being without any force and substance stands dismissed.