SHAIKH ABDUR RAZZAQ, J. -- Briefly stated the facts. are that property bearing No. .P-53 Khalsa College, Lyallpur (now Faisalabad) comprising of Mlle No. 11/4-2, 13/9-7/913, square No. 18, situated in Chak No. 213/R.B. Tehsil and District Faisalabad measuring 11 kanals, 5 marlas and 4-1/2 sarsaies was an evacuee Bungalow,- in 1947, which was acquired by the Settlement Department for transferring to Displaced Persons. Initially the said bungalow was situated outside the municipal limits in 1947 but later, it was included in the municipal limits, as such the Settlement Department which was incharge department of the Evacuee Properties, transferred the said bungalow to one Gohar Hussain Khan Durrani son of Ali Hussain Durrani on evaluation basis under Settlement Scheme No, 1 issued by the Chief Settlement Commissioner under the .Displaced Persons Act, 1958.
After the clearance of all dues in the year 1960, the Settlement Department issues PTD to said .Gohar Hussain Durrani on 17.-11.1960. This property, however, became subject-matter of exchange of agriculture land of evacuee nature with State Land. The original allottee Gohar Hussain Khan Durrani alienated the said property to Rana Tauseef All Khan father of the petitioners on 12.12.1973 through registered sale-deed and the petitioners being legal heirs of Rana Tauseef Ali Khan have inherited the said property. After the issuance of PTD in favour of Gohar Hussain Khan Durrani, he became full-fledged owner of the suit property and consequently father of the petitioners became its owner after purchasing the same from the transferor. After the issuance ,of PTD and sale-deed, the petitioners became the owners of the property and the Revenue Authorities changed the ownership of the property from evacuee to Provincial Government. The petitioners approached many times the Revenue Authorities and asked them to affect the mutation of the property in their favour and to change the ownership but the Revenue Authorities were reluctant to concede their requests. The petitioners approached the Member, Board of Revenue, Lahore for deleting the suit property from the ambit bf exchange of State Land upon which a report was called from the concerned quarter. The Colonies Department also issued a Notification No. 186-88/1316-C-IV, on 12.6.1988 whereby the District Collector, Faisalabad was authorized to adjudicate the matter and to delete the same from the ambit of exchange of State Land. The petitioners approached the District Collector, Faisalabad on 18.8.1990, 31.7.1991 and 14.9,1996 for the implementation of the notification issued by the Colonies Department referred above but unfortunately the matter was not decided.
Feeling aggrieved the petitioners filed Writ Petition No. 20768/98 which Was disposed of vide order dated 4-4.3.1999 whereby the District Collector, Faisalabad was directed to dispose of the application of the petitioners in the light of decision given in Writ Petition No. 5494/87, dated 20.6.1990. Finally the District Collector, Faisalabad vide his order dated 13.71999 rejected the application filed by the petitioners, hence the petitioners have been constrained to file the instant writ petition praying that Bungalow No. P-53, Khalsa College Road, situated in Chak No. 213-RB Tehsil and District Faisalabad be declared to have been excluded from the exchange of State Land with the evacuee property in the light of decision given in W.P. No. 5494/87 and also in accordance with the notification issued on 12.6.1988 by Colonies Department, Government of the Punjab.
2. The report from the District Collector, Faisalabad was called which has been submitted and placed on record.
3. Alongwith this writ petition another Writ Petition No. 13948/99 has been filed by the present petitioners regarding plot measuring 4 kanals, 5 marlas (110 x217) Khasra No. 25/2 square No. 18 situated in Chak No..213-RB Tehsil and District Faisalabad. It is alleged that the Settlement Department auctioned the said plot in open auction in the year 1969 and late Mst. Khushnuma Begum, the mother of the present petitioners purchased it from the Settlement Department. After clearing all the dues a PTD was issued in her name by the Settlement Department. After the death of Mst. Khushnuma Begum: the property stands transferred in the names of petitioners. It is further alleged that after the issuance of PTD the petitioners became owners of the disputed property but the Revenue Authorities changed the ownership of the property from evacuee to Provincial Government. The petitioners approached the Member, Board of Revenue, Lahore for deleting this area from the ambit of exchange of State Land and Board of Revenue called the report but no action has been taken by the concerned authority. It is further alleged that after the issuance of PTD in favour of their names and having become its owner they are entitled to get the mutation sanctioned in their favour. The petitioners approached the District Collector, Faisalabad for the needful but their request has been rejected vide order dated 13.7.1999 passed by the District Collector, Faisalabad. Hence they have been constrained to file the instant writ petition, praying that order of District Collector, Faisalabad/respondent dated 13.7.1999 be declared to have been passed without lawful authority and the respondent be directed to delete the plot measuring 4 kanals, 5 marlas (110 x 217) bearing Khasra No 25/2,' Square No. 18 situated in Chak No. 213-RB Tehsil and District Faisalabad from the exchange of State Land with Evacuee Property in the light of decision given in Writ Petition No. 5494/87 and also in accordance with the notification issued on 12.6.1988 by the Colonies Department, Government of Punjab.
4. Comments of respondent have also been called in the instant petition, which have been submitted that placed on record.
5. As both the writ petitions pertain to same question of law and facts, so these are being disposed of by this single judgment.
6. Arguments have been- heard and record perused.
7. So far as W.P. No. 13947/99 is concerned it is submitted by the learned counsel for the petitioner that initially the suit property was allotted in favour of Gohar Hussain Khan Durrani who was issued a PTD by the Settlement Department and later on the same was purchased from him by the father of the present petitioners, that the property, a subject-matter W.P. No. 13948/99 was purchased by Mst.
Khushnuma Begum, mother of the petitioners in an open auction and consequently PTD was issued to her by the concerned department, that as the properties, subject-matter of the instant writ petitions have been purchased by the father and mother of the petitioners and have also devolved upon them upon the death of their parents, so they have become owners of the same, that they approached the District Collector/Deputy Commissioner, Faisalabad/respondent for mutating the suit properties in their favour but their requests have been declined vide orders dated 13.7.1999, referred above, that order of District Collector/Deputy Commissioner, Faisalabad/ respondent is not warranted by law with particular reference to notification issued by the Colonies Department dated 12.6.1988, that it has clearly been stated in the notification dated 12.6.1988 that persons holding genuine and valid Permanent Transfer Deeds (in the case of urban areas) or in whose case valid allotment orders exist in Register RL-II (in case or rural areas) in respect of evacuee land (now State Land) and which were finalized prior to 3.1.1958 they may be allowed to acquire proprietary rights for such land provided they fulfil the conditions laid down under sub-pares (a) to
(e) of paragraph I of the said notification, that in the instant case the petitioners have fulfilled the requirements as enumerated. in sub-paras (a) to (e) of paragraph No. I of said notification dated 12.6.1988, that admittedly as per report of the District Collector, Faisalabad/respondent dated 13.7.1999 it is established that property, subject-matter of Writ Petition No. 13947/99, was transferred to Abdul Hamid son of Imam Din by the Settlement Commissioner on 22.1.1960 and this transfer was confirmed by the Additional Settlement Commissioner on 7.11.1960. Later on Abdul Hamid surrendered his half share in favour of Gohar Hussain Khan Durrani and a PTD was issued on 9.1.1964 to Abdul Hameed and Gohar Hussain Khan Durrani, that Rana Tauseef Ali Khan, the predecessor-in-interest of petitioners purchased share of Gohar Hussain Khan Durrani on 12.12.1973 through registered sale-deed No. 12398. It is further observed by the District Collector/Deputy Commissioner, Faisalabad/respondent that said PTD has not been cancelled so far and there is no litigation pending regarding said property, that similar is the position with regard to property subject-matter of Writ Petition No. 13948/99, that the reports dated 13.7.1999 clearly show that the Permanent Transfer Deeds issued by the Settlement Department were genuine documents and no litigation was pending in respect Of said properties, that similarly the matter came up for adjudication in W.P. No. 5494/87 which was disposed of on 20.6.1990 whereby a reference in paragraph No. 15 was made to notification dated 12.6.1988 issued by the Government of the Punjab, Colonies Department. It was held that the date of 3rd January, 1958, mentioned in the notification is relatable only to the allotment orders in respect of rural areas and by no stretch of reasoning it can relate to the PTDs, which are obviously issued ,after the promulgation of Displaced Persons (Compensation and Rehabilitation) Act, 1958, that as such the target date of 3rd January, 1958 given in the notification dated 12.6.1988 is not applicable in the instant case as tile PTDs in the instant case have been issued after the said date i.e. 3rd January, 1958, that it has also been held on the said writ petition that if the concerned persons approached the relevant authority, it would examine their case in the light of notification and if the authority finds that PTDs issued upto the date of notification have been issued in accordance with the conditions 'mentioned therein, they may be allowed to retain/acquire the proprietary rights in the disputed property, that it is evident from the report of District Collector/Deputy Commissioner, Faisalabad/respondent that PTDs have been issued in accordance with law and the said transfer orders do not suffer from any illegality, that as such the District Collector/Deputy Commissioner, Faisalabad/respondent was not justified in declining the request of the petitioners to mutate the suit property -in their favour. He thus submits that both the writ petitions be accepted and the District Collector/Deputy Commissioner, Faisalabad/respondent be directed to mutate the properties in their favour, in the revenue record.
Conversely, the impugned orders dated 13.7.1999 passed by the District Collector/Deputy Commissioner, Faisalabad/respondent in both the writ petitions have been supported by the learned Assistant Advocate General.
8. The only point which requires determination is if the properties involved in these writ petitions were available for allotment by the Settlement Department and have rightly been transferred and purchased in open auction and later on have been alienated and devolved upon the petitioners.
9. The stand of the petitioners is that properties involved in these writ petitions were available with the Settlement Department at the time of its allotment and as such have rightly been allotted to the original allottees and thereafter have been purchased by the predecessor-in-interest of the petitioners. Conversely, the stand of the respondent is that properties involved in these writ petitions did not form the part of Compensation Pool at the time of issuance of PTDs as the status of the properties was changed as State Land on 3.1.1958 due to general exchange.
11. According to the petitioners' version, the properties in question could not be exchanged for State land and as such were available with the Settlement Department for alienation and have rightly been alienated to the respective transferees. Since the contentions raised by the learned counsel for the parties hinge on the notification dated 12.6.1988, so the said notification is reproduced as under:- GOVERNMENT OF THE PUNJAB, COLONIES DEPARTMENT.
NOTIFICATION Lahore dated 1 2th June, 1988.
No. 186-88/1316-CIV. WHEREAS certain areas of State land situated in the district of Faisalabad were exchanged with former evacuee land around city of Faisalabad in the interest of urban development and the said exchange was approved by the Government of Pakistan under Section 25(2) of the Pakistan (Administration of Evacuee Property) Act, 1957 (XII of 1957), vide Ministry of Rehabilitation letter No. F.21(6)157-P.II, dated 3rd January, 1958; AND WHEREAS it subsequently transpired that for some of the area so exchanged, claim holders had been given permanent transfer deeds/allotment orders, as the case may be, against consideration received by the Settlement Department, Government of Pakistan or in satisfaction of verified claims (urban or rural), under the repealed Settlement Laws, prior to 3rd January, 1958. It was therefore, considered that it would cause hardship to dispossess such persons from the aforesaid land which had since become State Land; NOW, THEREFORE, in exercise of the powers conferred by Section 10 of the Colonization of .
Government Land (Punjab) Act, 1912 -(V of 191 2), the Government of the Punjab in the Colonies Department is pleased to issue the following terms and conditions for the disposal of the above- mentioned category of State Land:-
(1) Persons holding genuine and valid Permanent, Transfer Deeds (in the case of urban area) or in whose case valid allotment orders exist in Register L.R.II (in case of rural area) in respect of the evacuee land (now State Land), as mentioned above, and which were finalized prior to 3rd January, 1958, may be allowed to acquire proprietary rights for such land provided:
(a) he/they, satisfy the District Collector, Faisalabad about the validity/authenticity of . his/their PTD/allotment orders and that these are still intact;
(b) no litigation is pending in any Court about the land in question;
(c) final payment of price of the Settlement Department/adjustment of claim is proved from the record;
(d) no other Government dues including Settlement fee etc. are payable by the grantee;
(e) he/they is/are in possession of the land in question.
(2) In case the District'Collector is satisfied about the above conditions he will record and issue an order of transfer of such property in the form at Annexure 'A'.
ASAD ALI SHAH SECRETARY TO GOVERNMENT OF PUNJAB, COLONIES DEPARTMENT.
12. It is evident from paragraph No. 1 of the notification that persons holding genuine and valid Permanent Transfer Deeds ma be allowed to acquire proprietary rights, for such land if the same had been finalized prior to 3.1.1958, provided they fall within the ambit of sub-paras(a) to (e) of paragraph No. 1. The target date given in this notification is 3.1.1958. In the instant case the property involved in instant writ petition was allotted to Gohar Hussain Khan Durrani on 17.11.1960 whereas the property, subject-matter of Writ Petition No. 13948/99 was purchased by Mst. Khushnuma Begum in an open auction and was confirmed on 30.1.1969. Thus the properties involved in the instant writ petitions had been transferred after the target date i.e. 3.1.1958 given in the said notification. This point came up for determination in W.P. No. 5494/87 and it has been observed in paragraph No. 15 of the said writ petition that the date of 3rd January, 1958, mentioned in the notification is relatable only to the allotment orders in respect of rural areas and by no stretch of reasoning it can relates to the PTDs which were obviously issued after the promulgation of Displaced Persons (Compensation and Rehabilitation) Act, 1958. It is under these circumstances that it was observed/held in the said writ petition that this being the situation relevant authority, if approached by the aggrieved persons, should examine their cases in the light of aforesaid notification and in case, it finds that they were issued the PTDs validly upto the date of notification and they satisfy other conditions mentioned therein may be allowed to retain acquire the proprietary rights in the respective properties. Thus, it is evident from the order dated 20.6.1990 passed in Writ Petition No. 5494/87 that if the PTDs have been issued by competent authorities are valid upto the date of notification i.e. 12.6.1988 then in that case they may be allowed to retain/acquire the proprietary rights in the properties. In the instant case PTD in favour of Gohar Hussain Khan Durrani was issued on 17.11.1960 in respect of property bearing No. P-53 described in paragraph No. 1 of instant writ petition. Similarly property bearing plot No.25/2, subject-matter of W.P. No. 13948/99 was purchased by Mst. Khushnuma Begum in an open auction on 30.1.1969. Now both the PTDs in favour of Gohar Hussain Khan Durrani as well as Mst. Khushnuma Begum have been found to be genuine documents as per report of the District Collector/Deputy Commissioner, Faisalabad/respondent dated 13.7.1999. He has held in the respective orders that PTD in respect of each property has been issued by the Deputy Settlement Commissioner and the same has not been cancelled so far. He has further held that no litigation is pending regarding properties involved in the writ petitions and the same are in possession of the petitioners. Thus the case of the petitioners stands fully covered by the notification dated 12.6.1988 and as such they are entitled to acquire proprietary rights in respect of properties in question.
13. It may be mentioned here that the main stand of the respondents is that as the land measuring 5235 acres was exchanged with State Land .measuring 7150- acres on 3.1.1958 and the properties involved in these writ petitions were part and parcel of the agricultural' land exchanged with State Land, so this could not form part and parcel of Compensation Pool and as such were not available with the Settlement Department for its disposal. Even if this contention is accepted as correct, it does not mean that the properties which had been disposed of by the Settlement Department prior to 12.6.1988 could not be acquired by the vendees. The only restriction on such alienation is that their PTDs must be genuine documents as held in sub-paras (a) to (e) of paragraph No. 1 of notification dated 12.6.1988, referred above. Now if the properties purchased by the petitioners are examined on the touch-stone given in sub-paras (a) to (e) of paragraph No. 1 of notification dated 12.6.1988 it is established that the said PTDs are genuine documents and have been issued by the competent authorities.. This contention of the petitioners stands admitted by the District Collector/Deputy Commissioner, Faisalabad/respondent in the parawise comments dated 13.7.1999 filed in the instant writ petition as well as in W.P. No. 13948/99. This being the factual and legal position, it was not open to the District Collector/Deputy Commissioner, Faisalabad/respondent to refuse to enter mutation of alienation in the revenue record, in favour of .the 'petitioners, in respect of properties, subject-matter of the instant writ petitions. The learned counsel for the respondent has not been able to controvert this legal and factual position and has simply raised the objection that as the properties in question were not available with the Settlement Department on 3.1.1958 have been exchanged for State Land, so the PTDs issued in favour of Gohar Hussain Khan Durrani. and Mst. Khushnuma Begum are not genuine documents.
This contention of the learned counsel for the respondent stands rebutted by the respondent/District Collector/Deputy Commissioner, Faisalabad who has held in the comments submitted in these writ petitions that these PTDs had rightly been issued by the competent authority and the same are intact till today and no litigation is pending in respect of said PTDs.
14. For what has been stated above, it is proved that properties have rightly been transferred and subsequently purchased/transferred in favour of the petitioners in accordance with law.
Accordingly writ petitions are accepted and properties are deleted from the Exchange Lands and the respondent is directed to mutate the properties in' favour of the petitioners in the revenue record.