Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: (a) Colonization of Government Lands (Punjab) Act, 1912: ----S. 30---Conferment of proprietary rights---Temporary cultivation lease---Eligibility of legal heirs for grant of proprietary rights---Interpretation in light of Supreme Court directions. The petitioner and his brothers were declared lessees of the State land under the 15-Year Temporary Cultivation Lease Scheme. The Lahore High Court initially set aside the rejection of their claim and directed the authorities to decide their case for proprietary rights expeditiously. The Supreme Court upheld this decision and remanded the case to the Board of Revenue for reconsideration, observing that if one of the brothers was found in cultivating possession, the allotment should be treated as in favor of all three brothers. The petitioner’s claim was upheld based on a liberal interpretation of the scheme in light of the Supreme Court's directives. (b) Revenue Law & Interpretation of Possession for Proprietary Rights: ----Cultivating possession as a prerequisite for conferment of proprietary rights---Possession of one brother to be treated as possession of all. Under the scheme notified on 3-9-1979, cultivating possession before Kharif 1977 was a condition precedent for proprietary rights. While the petitioner and one of his brothers lacked direct possession, their brother Noor Muhammad was found in cultivating possession, which, as per the Supreme Court’s directive, sufficed for all three brothers. Therefore, they were deemed eligible for proprietary rights under the 1979 scheme. (c) Applicability of Favorable Scheme for Proprietary Rights: ----Increase in land cost under subsequent schemes---Determination of applicable scheme based on petitioner's compliance. The petitioner’s concern regarding proprietary rights being granted under a future scheme was justified, as the cost of land under schemes of 1983, 1995, and 2001 had significantly increased compared to the 1979 scheme. Since the petitioner applied in time and met the scheme’s conditions, they were entitled to benefit from the 1979 scheme, which had a lower financial burden. (d) Implementation of Decision & Determination of Land Cost: ----Direction to District Collector for execution of conveyance deed. The Board of Revenue directed the Deputy Commissioner/District Collector to determine the cost of the land payable under the 1979 scheme. Upon payment, proprietary rights would be conferred to the petitioner and his brothers in equal shares, and a conveyance deed would be issued in their favor. ----Disposition: Petition allowed; proprietary rights granted under the 1979 scheme.

Summary: (a) Colonization of Government Lands (Punjab) Act, 1912 (V of 1912): ----Ss. 10, 30 & First Schedule— Bara Reclamation Scheme—Proprietary rights of surrendered Government share (Wanda Sarkar)—Temporary Cultivation Lease Scheme—Scope—Land originally allotted under the Bara Reclamation Scheme was divided, granting proprietary rights to the original allottee for one portion, while the remaining Government share (Wanda Sarkar) was leased out—Subsequently, the Punjab Government issued Notification dated 17-5-1992, allowing grantees under the scheme to purchase the surrendered Government share if they had remained in possession since 1987—Held, petitioners, being temporary lessees under the Temporary Cultivation Lease Scheme, had no right to claim proprietary rights—Government land under the Bara Scheme could only be leased out temporarily until permanent disposal—Petitioners failed to establish entitlement under Notification dated 19-3-1995 for grant of proprietary rights—Their claim was, therefore, without merit and dismissed—District Collector directed to consider their eligibility for alternate State land if applicable. (b) Colonization of Government Lands (Punjab) Act, 1912 (V of 1912): ----S. 30— Preferential rights of original allottees—Effect of sale of allotted land—Land originally allotted under the Bara Reclamation Scheme was subject to conditions, including the requirement that the original allottee must continue to hold his portion of land to be eligible for purchase of Government share (Wanda Sarkar) under the policy dated 17-5-1992—Respondents, despite being original allottees, had sold a significant portion (64 Kanals) of their share of land through registered sale deeds—Held, respondents’ sale of allotted land disentitled them from purchasing the surrendered Government share, as per policy instructions—Commissioner failed to consider this aspect while passing the impugned order—Order set aside, and land ordered to be resumed from petitioners. ----Disposition: Revision petition accepted. Respondents declared ineligible for purchase of Government share due to sale of their allotted portion. Land resumed from petitioners.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.

Summary: Summary pending.