ORDER SHAHZAD HASS AN PERVEZ, MEMBER (JUDICIAL-I).- Brief facts of the case are that vide separate orders of A.C/Collector, Burewala dated 12th June, 1994, the petitioners were allotted Ihatas in the site which was reserved for 'Talab' in Chak No. 525/EB, Tehsil Burewala, District Vehari.
The present respondents filed appeals against these orders before Additional Commissioner (Revenue), Multan Division, Multan which were disposed of vide his order dated 23rd August, 1995 with the following observations:- "The allotment of places which are for the common benefit of the community should not be made without consent of the local' people which has not been obtained in the present case. Therefore, the allotment of impugned ihata after creation of new Ezadi line is set aside. The place should be exclusively reserved for TALAB."
2. It is contended by learned counsel for the petitioners that the petitioners are without any residential site in the Abadi Deh. In view of this appreciation, A.C/Collector converted the site of Talab, which was no more under use, into Ihatas in accordance with law/rules and gave leases of the site to the present petitioners for residential purpose.
3. The learned counsel for the petitioners was asked to cite relevant provision of law/rules which empowered A.C/Collector to convert the classification/category of Ihatas in Chak. His answer was not available.
4. I have given careful consideration to the arguments of learned counsel for the petitioners.
A.C/Collector has no power to convert the classification of Ihatas in Chak. In the instant case, the site which was reserved for common use of the community had been converted for use of some residents of the Chak. The large interest of the community cannot be allowed to be hurt for the convenience of a few. In this view of the matter, the order of Additional Commissioner suffers from no legal infirmity and is upheld.
5. It is stated by learned counsel for the petitioners that one Sabran Bibi has also been allotted 3 Marlas out of the site in question. It is directed that all allotments made out of this 'Talab' to any individual stand cancelled as the change of classification by A.C/Collector is no legal sanction.
Further proceedings will be taken by A.C/Collector in this regard.