The petitioners, in this Constitutional Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, have challenged the order dated 10-9-1989 of the Collector, Khushab and the proceedings initiated in pursuant thereto by the Colony Naib-Tehsildar, Jauharabad, on an application of the Chairman, Town Committee, Jauharabad on the grounds that the proceedings of demarcation, earlier initiated on the application dated 12-1-1989, having been consigned to record, no fresh proceedings can legally be initiated on the second application that the proceedings held by the Revenue Officer are illegal and without jurisdiction as the provisions of the Punjab Land Revenue Act, 1967, being not applicable, could not be invoked for demarcating the land in dispute; that the land in dispute vests fully in the petitioners and does not contain any green-belt or road and as such the Town Committee has no locus standi to seek demarcation;, that the green-belt, if any, vests in the Housing and Physical Planning Department, Government of Punjab, which Department has in clear terms already declared that the land of the petitioners does not fall in any such area and that they have no grievance whatsoever in respect of any alleged violation of green-belt or open space and that initiation of proceedings on the behest of the Chairman, who is a political rival of the petitioners, is mala fide and these proceedings are being used to deprive the petitioners of their valuable rights in the property.
2.The Collector, Khushab as well as the Chairman, Town Committee in the report and prawise comments filed by them, in pursuance to the order of this Court, have denied the factual assertions and legal objections raised by the petitioners. Their case is that the pleas taken and factual controversies raised themselves show that demarcation of the land is necessary to find out, whether the petitioners have encroached upon the green-belt or the road vesting in the A Town Committee or not and that neither the Revenue authorities nor the Town Committee, Jauharabad are in any away interested in depriving the petitioners of their rights legally vesting in them.
3. Mian, Dilawar Mehmood, Advocate, learned counsel for the Town Committee stated that in the demarcation proceedings, the vires of the sale in favour of the petitioners will not be gone into as the question of title is not to be determined by the Revenue Officer. He added that the proceedings of demarcation being held on the application of the Town Committee are legal and with jurisdiction and that the assertion made in this regard by the learned counsel for the petitioners is not sound.
4. Mr. Farooq Bedar, learned Additional Advocate General appearing on behalf of the Collector, Khushab, submitted that no valid basis existed to support the plea of mala fides; that the Revenue Officers are not biased against the petitioners and that they are performing their functions strictly in accordance with the Punjab Land Revenue Act, 1967. He added that in order to obviate any alleged apprehension of the petitioners, this Court may direct the Collector, Khushab to hold demarcation proceedings himself.
5. Learned counsel for the petitioners, on the other hand, suggests that any independent agency/person be appointed to hold demarcation proceedings for determining, whether the petitioners have encroached upon any green-belt or the road. This is not acceptable, either to the learned Additional Advocate-General or the learned counsel for the Town Committee. They state that the demarcation proceedings have to be held and the property demarcated by the Revenue Officer under the Land Revenue Act and that the forum provided by law cannot be substituted. At this stage, learned Additional Advocate-General suggests that an engineer of the Building Department or of Local Council may be nominated by this Court to render assistance to the Collector, Khushab in the matter of demarcation. Learned counsel for the petitioners, accepting the suggestion, added that an engineer of Pakistan P.W.D. Or of any other Federal Government Department, may be nominated instead of appointing any engineer of any Provincial Government Department, available at Sargodha or Khushab.
6.Obviously, the forum cannot be substituted if the provisions of Punjab Land Revenue Act are available for demarcating the land in dispute. The nature of the dispute raised, in any case, justifies the demarcation of the land so that it could be known, whether the assertions of the Town Committee are correct or g not. If these assertions are found to be baseless, the petitioners will have no grievance to make, and if the finding goes against them, they will have the right to avail of the remedies provided by law and be at liberty to raise all pleas available to them under law including the objection as to the jurisdiction of the Revenue Officer to demarcate the land in dispute. The Collector Khushab, instead of Naib-- Tehsildar, as agreed to by the learned Additional Advocate-General and learned counsel for the Committee, may undertake the demarcation proceedings but he will be assisted in this task by Mr. Riaz Ahmad Khan, Superintending Engineer, Irrigation, Depalpur Canal Circle, Lahore. The fee and expenses of Mr. Riaz Ahmad Khan, S.E. Is fixed at Rs.5,000 which will be equally shared by the petitioners and Town Committee-respondent. The Collector, Khushab, will of course, provide full opportunity to the parties to present their point of view. He will also obtain the opinion of the above-named engineer and will decide the matter of demarcation in accordance with law. With these observations, this petition stands disposed of. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.