ISLAMABAD:The Federal Constitutional Court of Pakistan (FCCP) has ruled that land declared surplus and taken into government possession cannot be reopened once the matter has attained finality. However, a separate claim for the return of land allegedly taken in excess can be examined independently.
A two-member bench comprising Justice Rozi Khan Barrech and Justice Syed Arshad Hussain Shah dismissed a petition filed by Mazhar Riaz and upheld the Lahore High Court’s decision. The court directed the Deputy Land Commissioner, Sheikhupura, to decide the pending matter concerning the determination of surplus land in accordance with the law.
In its judgment, the court observed that the petitioner’s grandfather, Chaudhry Muhammad Afzal, had voluntarily opted during his lifetime to surrender 544 PIUs of land declared surplus. The proceedings had been completed, and the land was subsequently allotted to cultivators in accordance with the law. Therefore, the settled matter could not be reopened.
The court clarified that the government’s possession of the 544 PIUs of land and the claim concerning an additional 213 PIUs were two separate matters.
The Chief Land Commissioner, Punjab, had already directed the Deputy Land Commissioner, Sheikhupura, to determine whether 213 PIUs of land had been taken into government possession in excess of the prescribed limit. If established, the excess land would be returned to the legal heirs of the original owner according to their respective shares.
According to the judgment, the petitioner would have the opportunity to substantiate his claim before the Deputy Land Commissioner, Sheikhupura. The matter would be decided independently and without being influenced by the observations made by the Federal Constitutional Court.
The court held that the petitioner had failed to establish any legal ground warranting interference with the Lahore High Court’s judgment. Consequently, the petition was dismissed and leave to appeal was refused.