This is an appeal against the order dated 19-4-1994, of the Additional Commissioner (Revenue), Bahawalpur Division whereby he accepted the appeal of the respondents.
2. The facts are that the Assistant Commissioner/Collector, Khanpur, vide order dated 12-3-1993, allotted Khata No.5, measuring 1 Kanal, 2 Marlas, situated in Chak No. 10/P Tehsil Kanpur, to the petitioners. The respondents filed an appeal before the Additional Commissioner (Revenue), who accepted it vide order dated 19-4-1994. Hence this Appeal.
3. I have heard the learned counsel for the appellants and the respondents.
4. The learned counsel for the appellants stated that Khata No.5, was meant for public welfare. He stated that the possession of this Khata had been with the appellants for the last 15 years. He had constructed houses on it by spending lot of money. He further stated that the full dues of the land on current marked rate alongwith 50 % surcharge had already been paid by the appellants. The report, which had been called for from the field staff was in favour of the appellants.
5. The learned counsel for the respondents, on the other hand, stated that the collector had wrongly allotted the Khata to the appellants. It was meant for public welfare and he was not competent to change the category. He further stated that written consent of Lambardar and the people of the area was necessary.
6. I have considered the arguments produced on both sides and perused the record.
7. The factual position is that Khata No.5 is rib doubt meant for public welfare. However, after obtaining a report from the Tehsildar, Khanpur, the Collector allotted it to the appellants by way of regularizing his possession. The said Khata has been in possession of the appellants for the last 10/15 years. They have also constructed houses on it. The appellants have paid the current market price plus 50 % surcharge in terms of the letters of Colonies Department dated 2-3-1983, and 11-11- 1985. It will not be proper to dislocate the appellants at this stage. The impugned orders are, therefore, set aside and the appeal is accepted.