The consolidation scheme of Mauza Lidhar, District Lahore was confirmed on 30-6-1992 by the Consolidation Officer under section 10(3) of the Consolidation of Holdings Ordinance, 1960. The appeal was filed before the ADG/Collector (Cons.), Lahore after 3 years. The scheme was amended by him to the extent of 5 Kanals, 13 Marlas and the site of the graveyard was changed. The learned Additional Commissioner (Cons.) rejected the appeal on 27-10-1997 on the ground that petitioner Shams Din did not own any land in the village and was not an aggrieved party.
2. I have heard the learned counsel for the petitioner and have gone through the record. The petitioner and his father have been verified by the Patwari to be landowners in the village. The Lambardar and Members of the Advisory Committee have stated that Rajbah runs through the lands of the Mauza. The western side has become urban area as it has been included in the limits of Lahore Cantt. The graveyard was shifted from this site to eastern and unimportant side although it was very inconvenient to the residents. They submitted that the order of the ADC/Collector (Cons.), dated 30-7-1996 was passed to benefit the residents. The sketch may have also been perused. As the matter of public utility is involved. I accept the revision petition, set aside order of the Additional Commissioner (Cons.), dated 27-10-1997 and ADC/Collector (Cons.), Lahore, dated 30-7-1996 and remand the case to the ADC/Collector (Cons.), Lahore. He shall visit the site, hear the parties and decide the case on merit keeping the law and rules on the subject in view.
Meanwhile both the Khasra number shall not be alienated. The parties may appear before the ADC/Collector (Const.) on 28-5-1998.