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Revision Side No. 64 of 1956‑57, decided on 13th February 1957, District Bahawalpur.
Colonization of Government Lands (Punjab) Act (V of 1912), S. 10‑Allotment of land as Rifah‑i‑Am (public we fare) Ihata-----To be made not in name of an individual but in that of the total community‑Allotment by Assistant Collector without Collector's approval invalid.
Muhammad Afzal Bajwa for Respondents.
The Rifah‑i‑Am Ihata in dispute was meant for allotment for purposes of erecting a guest house. It was clearly inappropri ate that it should be allotted in favour of an individual while a considerable number of other villagers object to such an allotment. The Assistant Commissioner's order of allotment is not a valid order under the Colonization Act. It can be considered to be an order passed in anticipation of the Collector's approval. Such an approval was refused in this case. The position, therefore is that the alleged allotment in favour of the petitioner does not amount to an allotment at all. He seeks my help to convert his position into that of an allottee.
There is no doubt that if he has spent any money on putting up structures in this Ihata, the structures should not be demolished at‑this stage. I have, therefore, suggested to him that if he agrees, I may direct the allotment of the Ihata in favour of the total community working through the two Lambardars of the estate. He agrees. I, therefore, direct that the Ihata in question should be so allotted and be used for the common purposes of the estate. This petition for revision will be considered to have been accepted to this extent.
A. H. Order accordingly.
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