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Petitioner: KHAN MUHAMMAD VS Respondent: THE STATE
P L D 1963 W
P L D 1963 W. P. (Rev.) 36
Before S. M. Ikram Member Board of Revenue West Pakistan
KHAN MUHAMMAD‑Petitioner
versus
THE STATE‑Respondent
Revision No. 127 of 1959‑60, decided on 12th June 1962, District Sanghar.
Resumed land-----
--‑Sale ‑ Not to be cancelled ‑ Instructions contained in Central Government, Ministry of Rehabilitation letter dated IS‑9‑1958 be carried out.
ORDER
These are two revision petitions from M/s Miandad, son of Muhammad Lashari, resident of village Ghulam Hussain Lashari, taluka Dadu and Khan Muhammad son of Darya Khan Jalbani against the orders dated 11‑2‑1959 of Commissioner, Hyderabad Division dated 18‑1‑1960 and Additional Commissioner Hyderabad respectively rejecting their appeals against the orders of the Colonization Officers cancelling their grant of S. No. 34 (8‑6 acres) in case of Miandad and 8‑0 acres in the case of Khan Muhammad as these grants were evacuee property and could not be disposed of to the petitioners by the Barrage Depart ment.
2. The main contentions of the petitioners are that they are bona fide purchasers of the land and have spent heavily on improvement of the land.
3. In a similar case (R. O. R. No. 348 of 1958‑59), the Chief Settlement Commissioner, Pakistan pointed out to the Board of Revenue [ride his letter No. 383‑60/1043‑R (P) dated 8‑3‑1960] that according to the instructions contained in letter No. F‑8(25)/59‑clms., dated 15‑9‑1958 from the Central Government, Ministry of Rehabilitation, such sales need not be cancelled on account of the land being evacuee property but sale of those resumed lands, which have already been sold to bona fide purchasers, can be regularised. The relevant paras. of the above letter read as under :‑
(i) "It has been brought to the notice of this Ministry that in certain cases the sale of the resumed land was cancelled with: the result that the persons who purchased resumed lands bona fide have been put to loss without any fault of theirs. The matter has been as reconsidered and the Central Govern ment desire to make it clear that in cases where resumed lands had already been resold it is not necessary to cancel the sales but only to regularise the position in the manner already indicated."
(ii) "Such regularisation may be effected by acquiring under the provisions of the Land Acquisition Act the evacuee rights in the property and payment of suitable compensation for such rights. In this manner the evacuee interest in the land would be removed and concerted into Government property making that property available for disposal according to the discretion of the Government."
4. The two petitions are accordingly remanded to the Commissioner for disposal on the lines indicated above, after giving the notice to the persons, if any, who might have got the disputed land against their claims.
K. M. A. Case remanded.