JUDGMENT MUNIR A. SHEIKH, J.- In this constitutional petition, the petitioner seeks declaration that order dated 6.6.1993 issued by the learned Member (Colonies)' Board of Revenue, Punjab, Lahore is without lawful authority and of no legal effect with a direction to respondent No. 1 to proceed in the matter in accordance with the decision contained in the memo dated 26.4.1992 and also take steps to ensure that the directions contained in the said memo dated 26.4.1992 to Deputy Commissioner, are complied with by respondent No. 4 without any further delay.
2. The facts forming the background of this petition shortly stated are that a gang of Swindlers got valuable evacuee land in Faisalabad allotted fraudulently and deprived the Government of the said valuable land which was alleged to be approximately of value of Rs. 2.50 Crores in the year 1969. The petitioner with his efforts unearthed this fraud and lodged F.I.R. No. 112 dated 11.5.1969 under sections 420/467/468 PPC at Police Station Peoples Colony, Lyallpur (Now Faisalabad). The accused persons were tried by a Military Court and were convicted and sentenced to various terms of imprisonments and the said property was retrieved from them.
3. That having being impressed by the efforts of the petitioner, Martial Law Administrator Zone 'C'
Punjab, through letter No. 505/MLA/AG/5-C/9842 dated the 15th March, 1972, recommended the case of the petitioner to the Chief Settlement Commissioner for allotment/transfer of land as a reward in recognition of the services of the petitioner due to which the Government was benefitted and saved from clossal loss. The Chief Settlement Commissioner through letter dated 30.3.1972 informed the said Martial Law Administrator that according to provisions of the Land Settlement Act, no evacuee land could be given to anyone as reward from the compensation pool. In these circumstances it was proposed/suggested to the Martial Law Administrator Punjab that the Board of Revenue Punjab may be moved for awarding state land to the petitioner in lieu of his services.
Martial Law Administrator/Governor Punjab on 1.4.1972 issued memo No. 505/MLA/A.G/5.C/10135 to the Board of Revenue Punjab, Lahore that the petitioner may be allotted as a reward some state land at any suitable place preferably if possible in or near Lyallpur. It was directed that action taken on the said letter should be intimated to Martial Law Headquarter for information of the Martial Law Administrator/Governor of the Punjab. It appears from letter dated 9.9.1989 written by the Additional Deputy Commissioner, Faisalabad to the Commissioner, Faisalabad (Annexure 'E') that Mr. Alcarraza the then Member (Colonies) Board of Revenue, Punjab vide his note dated 5.6.1972 and Mr. MA. Kahlon, the then Minister for Colonies, Punjab vide his note dated 5.1.1973 had agreed to the proposal for the allotment of the State land in favour of the petitioner so much so that the said Minister also directed that summary of the case may be submitted to the Governor of the Punjab.
In spite of this no further action was taken. On 5.6.1982 a reminder was issued by the Headquarter Martial Law Administrator Zone-C, Punjab to the Secretary Colonies to send reply to the earlier letter issued to the Board of Revenue on the subject. Finding no reply another letter dated 4.5.1983 was issued from Headquarter Martial Law Administrator to Board of Revenue for looking into the matter and sending reply to the said Headquarters for information of the Governor. Still no action was taken from the side of the Board of Revenue. Another letter dated 22.6.1983 was addressed to Mr. S.M. Nasim, Member Colonies Board of Revenue, Punjab, Lahore with a note that inspire of 23 reminders, final report had not been sent to the Governor. The learned Member Board of Revenue was directed to look into the matter personally and expedite submission of the final report. On 9.9.1989 (Annexure 'E') Additional Deputy Commissioner (g) Faisalabad wrote to the Commissioner Faisalabad Division requesting him to refer the matter to Board of Revenue Punjab for appropriate orders in the matter for compliance with the orders of the Governor. Syed Asad Ali Shah, Senior Member Board of Revenue (C) on 16.6.1991 sent a summary to Minister for colonies stating that total amount of reward was agreed to be Rs. 2,50,000/- being 1% of the total sum i.e. The value of the retrieved land in 1971- 1972. A suggestion was made for sale of suitable residuary property at a fixed price to close the case. It was also stated that in case the same was agreed to in principle the location of the area could be settled with the approval of F.D. Minister for Colonies approved this proposal. Member, Board of Revenue (Colonies) also approved the same. In pursuance of this decision Board of Revenue wrote letter to the Addl. Deputy Commissioner (G) Faisalabad on 21.7.1991 intimating him that the Government of the Punjab had agreed in principle to the sale of suitable residuary property at a fixed price. He was directed to propose the location of the area indicating the value thereof immediately for taking necessary approval of the Finance Department.
Subsequently, on 5.8.1971, a letter was written by the Board of Revenue to Deputy Commissioner, Faisalabad intimating him that a Committee constituted for the purpose has already recommended that the petitioner was to be given reward in cash amount up to 1% of the value of the land retrieved (i.e. Rs. 2.50 Crores) which comes to Rs. 2.50 lacs (Rupees two lac fifty thousands). It was also stated that Minister for colonies had agreed in principle for suitable residuary property at a fixed price in favour of the petitioner which should be of the value of Rs.
2,50,0. 00. The Deputy Commissioner was directed to propose land with its location indicating the value thereof in the year 1971-72 along with khasra numbers etc immediately for obtaining necessary approval of the Government of the Punjab in the Finance Department. It was also observed that current market price of the land proposed should also to be indicated. It was reiterated that the area should be proposed equivalent to the value of Rs. 2,50,000/-. This was followed by another reminder dated 18.8.1991. It appears that the Colony Department had also solicited the opinion of the Law Department which opined that after the transfer of residuary land by sale, the same became vested in the Provincial Government for all intents and purposes which was treated to be state land/Nazool land and no more evacuee property. The Board of Revenue directed, Deputy Commissioner, Faisalabad through letter dated 26.4.1992 that he should propose for transfer to the petitioner residuary land with field number and its location indicating the fixed price in terms of P.I. Units prevailing in the year 1971-72 which should be of the value of Rs.
2,50,000.00 to settle this long case. The Secretary Colonies later on 8.5.1993 sent lengthy note to the Board of Revenue suggesting that the matter may be referred to M.B.R/Chief Settlement Commissioner for further action. In his view the transfer of land as reward was to be made by the Chief Settlement Commissioner and not the Provincial Government in the Colonies Department from the state land.-On the basis of this note the Board of Revenue issued the impugned letter dated 6.6.1993 intimating the Deputy Commissioner, Faisalabad that memorandum dated 5.8.1991 and 26.4.1992 being not in conformity with the orders passed by the Member, Colonies Board of Revenue and Minister for Revenue and Colonies therefore, the same had been withdrawn and the case of the petitioner has been referred to the Settlement and Rehabilitation Department for taking further necessary action in accordance with law on the subject.
4. I have heard, learned counsel for the petitioner, learned counsel for Member, Board of Revenue (Colonies) and learned counsel for Chief Settlement Commissioner/Member, Board of Revenue.
The impugned letter appears to have been issued under an acute mis-conception as if the land as reward was to be transferred from compensation pool and that the earlier letters dated 5.8.1991 and 26.4.1992 issued by the Board of Revenue for transfer of State Land to the petitioner were not inconformity with the decision taken by the Board of Revenue (Colonies) and the Minister for Colonies. As has been observed in the facts narrated above, this question was raised at the initial stages by the 'Chief Settlement and Rehabilitation Commissioner that there was no provisions in the Settlement Laws for transfer of any land from Compensation pool as reward and recommendation was made by the Chief Settlement Commissioner to the Governor/M.J^A to grant reward to the petitioner by transferring some state land. The Martial Law Administrator/Governor thereafter issued a direction to transfer state land to the petitioner as a reward. In pursuance of this direction the Provincial Government in Colonies Department and the Member (Colonies) Board of Revenue examined the case of the petitioner on consistent insistence by the Governor through as many as 23 reminders that the case may be expedited. It was decided on 16.6.1991 that the reward to be awarded to the petitioner in terms of money should be to the extent of 1% of the value of the land retrieved which was determined at Rs. 2,50,000/- and the plea of the petitioner that he should be awarded land which that amount could fetch in the year 1971-72 was accepted and it was directed that sale of suitable property at a fixed price should be made to the petitioner to close his case. The Board of Revenue confirmed this position by writing a letter to the Addl. Deputy Commissioner (G) Faisalabad on 21-7-1991. On 5.8.1991 the Board of Revenue specifically ordered the Deputy Commissioner, Faisalabad to propose land with its location indicating the value thereof in the year 1971-72 along with khasra numbers.
5. The Chief Executive of the Province (M.LA/Governor) at the relevant time agreed to the proposal of the Chief Settlement Commissioner to transfer some state land to the petitioner as reward instead of compensating him from compensation pool. The Punjab Government in the Colonies Department, the Minister concerned and the Member Board of Revenue also issued orders and directions for the transfer of state land to the petitioner of the value of Rs. 2.50.0. 00 in the year 1971- 72 as such demissive steps having been taken by directing the Deputy Commissioner, Faisalabad to locate the land with khasra < numbers, the Board of Revenue was not vested with any power to take the impugned decision dated 6.6.1993 by holding that the case related to Settlement and Rehabilitation Department which amounted to not only ignoring the above mentioned decisions already made by the Governor, the concerned Minister and Member (Colonies) Board of Revenue which had already been acted upon and also amounts to over-rule and set aside the same for which jurisdiction was not vested in it. A policy decision having already been taken at the highest level i.e. The Governor/M.LA that instead of compensating the petitioner from the compensation pool he should be transferred some state land of the value of Rs. 2.50.0. 00 prevalent in the year 1971-72, all the functionaries of the Provincial Government in the Province are bound] to obey the same and act in accordance therewith. The impugned decision/letter dated 6.6.1993 is wholly devoid of any legitimacy or legality. The promise having been made to the petitioner by the then Chief Executive of the Province i.e. The Governor/M.LA to award him state land could not be withdrawn by the Board of Revenue in pursuance of which the Deputy Commissioner also ordered to locate the land for transfer to the petitioner. The said directions issued by the Martial Law Administrator at the relevant time Were protected under Article 270-A of the Constitution. If the subordinate functionaries of the Government are allowed to flute or ignore or over-rule the orders of the Chief Executive, it would result in complete chaos and the citizens would in that case would loose faith in the Government and its credibility would be adversely affected.
6. The Provincial Government having promised to the petitioner to transfer the state land as reward of the value of Rs. 2,50,000/- in the year 1971-72 could not turn around and withdraw the same as valuable rights had accrued to the petitioner which had the approval of th
7. For the foregoing reasons, this writ petition is accepted with costs. The impugned decision dated 6.6.1993 of the learned Member (Colonies) Board of Revenue, Punjab, Lahore is hereby declared to be without lawful authority and of no legal effect. Respondents 1 and 4 are directed to proceed further in the matter as indicated in the letters dated 5.8.1991 and 26.4.1992 for transfer of state land to the petitioner of the value of Rs. 2,50,000.00 in the year 1971-72. They are also directed to finalize the matter within three months from the date of receipt of this judgment positively.