Lahore High Court dismissed Syed Zawar Raza's petition for certified copies of RL-II Registers, ruling that these sealed, archived documents are not public and cannot be accessed or copied without authorization from the Full Board of Revenue, Punjab, during official inquiries.
The Lahore High Court dismissed Syed Zawar Raza's petition for certified copies of RL-II Registers, ruling that these sealed, archived documents are not public and cannot be accessed or copied without authorization from the Full Board of Revenue, Punjab, during official inquiries.
 |
| Copies of RL 2 registers |
### Judgment Sheet
**LAHORE HIGH COURT, LAHORE**
**JUDICIAL DEPARTMENT**
**W.P. No. 55591 / 2022**
**Syed Zawar Raza
Versus
Member, Board of Revenue, Punjab, etc.**
**JUDGMENT**
**Date of Hearing:** 08.05.2024
**Petitioner By:** Mr. Maqbool Hussain Sheikh, Advocate
**Respondents By:** Mr. Sikandar Nisar Saroya, A.A.G.
**Assisted by:** Sher Hassan Pervez, Research Officer
**ABID HUSSAIN CHATTHA, J:**
1. **Context and Petitioner's Request:**
The Petitioner, Syed Zawar Raza, approached this Court seeking certified copies of RL-II No. 26 and 46 from the Board of Revenue, Punjab. His request, made under the Punjab Transparency and Right to Information Act, 2013 (the "Information Act"), was denied, prompting this legal action.
2. **Respondents' Position:**
The Respondents argue that the officials of the Board of Revenue, Punjab, are legally empowered to deny such requests. Historically, RL-II Registers were maintained for allotment and disposal of agricultural lands to displaced persons under various settlement laws, including the Displaced Persons (Land Settlement) Act, 1958 (the "Settlement Act") and the Pakistan Rehabilitation Act, 1956 (the "Rehabilitation Act"). These registers contained crucial data and were subject to strict legal regulations.
3. **Historical Directives and Legislative Changes:**
In 1973, a directive halted further allotments and instructed that RL-II Registers be sealed and stored under the Commissioners' custody. The Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975 (the "Repeal Act") further cemented this by transferring all related properties and responsibilities to the Board of Revenue, Punjab.
4. **Current Administrative Practices:**
Subsequent memorandums and letters reinforced the policy to keep RL-II Registers sealed to prevent tampering. As a result, the issuance of certified copies from these registers has been heavily restricted, allowing only for sealed records to be produced in court upon request.
5. **Recent Amendments and Board Decisions:**
The 2022 amendment to the Repeal Act transferred jurisdiction over settlement matters to a Full Board of the Board of Revenue, Punjab. This Full Board, in its January 2023 meeting, rejected the Petitioner's request for certified copies, citing risks of tampering and the legal status of these records as sealed and archived.
6. **Committee Findings:**
A committee formed to review the matter concluded that opening the sealed RL-II Registers posed risks of further tampering, affirming the policy to deny issuing certified copies.
7. **Legal Analysis and Court's Observations:**
RL-II Registers, once considered public documents, have their status changed post-repeal of settlement laws. The Petitioner's reliance on Article 85 of the Qanun-e-Shahadat Order, 1984 (QSO) was deemed invalid as the documents no longer constitute public records after the sealing and archiving.
8. **Fundamental Right to Information:**
Although Article 19-A of the Constitution guarantees the right to information, this is subject to reasonable restrictions. The Information Act supports access to public documents, but RL-II Registers, given their current legal status and historical context, fall outside this purview.
9. **Conclusion:**
Given the historical context, legislative changes, and current administrative practices, RL-II Registers do not qualify as public documents. The Petitioner has no legal entitlement to certified copies under the existing laws. Consequently, the Petition is dismissed.
**JUDGE**
JUDGMENT SHEET
LAHORE HIGH COURT, LAHORE
JUDICIAL DEPARTMENT
W. P. No. 55591 / 2022
Syed Zawar Raza
Versus
Member, Board of Revenue, Punjab, etc.
JUDGMENT
Date of Hearing:
08.05.2024
Petitioner By:
Mr. Maqbool Hussain Sheikh, Advocate
Respondents By:
Mr. Sikandar Nisar Saroya, A.A.G.
Assisted by:
Sher Hassan Pervez, Research Officer
ABID HUSSAIN CHATTHA, J: The Petitioner was constrained to institute
the titled Petition when he was denied provision of certified copies of RL-II No.
26 and 46 by the functionaries of the Board of Revenue, Punjab. Resort by the
Petitioner to the Punjab Transparency and Right to Information Act, 2013 (the
“Information Act”) for this purpose also remained a futile exercise.
Accordingly, the Petitioner seeks a direction to the Respondents for acceptance
of his request qua issuance of relevant extracts of certified copies of Form RL-II
Register.
2.
Learned Law Officer has relied upon detailed reply of the
Respondents to argue that officials of the Board of Revenue, Punjab are
lawfully empowered to deny issuance of certified copies of RL-II. It is stated
that historically, Registers in RL-II Form were prepared and maintained
with respect to allotment and disposal of agricultural lands to displaced
persons who had migrated from India to Pakistan by way of settlement
schemes through which permanent rights over the lands were conferred on
claimants under the provisions of the Displaced Persons (Land Settlement)
Act, 1958 (the “Settlement Act”). The basic settlement scheme was
introduced under the Pakistan Rehabilitation Act, 1956 (the
2
W. P. No. 55591 / 2022
“Rehabilitation Act”) known as the West Pakistan Rehabilitation
Settlement Scheme (the “Scheme”) in order to allot agricultural lands after
verification of claims. Registers in RL-II Form were prepared containing
various entries pertaining to the claims, particulars of land and
measurement, etc. The process of preparing such Registers entailed
verifications, objections of claimants, proposals and final allotments. Para
Nos. 60 and 63 of the Scheme provided for supply of copies of entries of
RL-II to the claimants and upon finalization of process, Registers were
prepared in Form RL-II under Para 70 of the Scheme. As such, the
settlement Authorities were performing acts and maintaining record
including RL-II Registers under the applicable settlement laws and
settlement schemes prescribed thereunder. Accordingly, inspection of
record and supply of copies of RL-II to the allottees conferring rights to
them or displaced persons were regulated by law and governing provisions
of the settlement schemes. Therefore, the question of issuing certified copy
of RL-II is liable to be considered in light of the applicable settlement laws
and the settlement schemes.
3.
In the Year 1973, the Chief Settlement & Rehabilitation
Commissioner, Punjab in pursuance of the decision of Federal
Government, ordered to stop allotment of rural evacuee agricultural land
and in this regard, communicated necessary instructions to all relevant
Commissioners / revenue officers in Punjab vide letter No. 2319-73/2022-
R(L) dated 25.06.1973. Through this letter, it was directed, inter alia, that
all RL-II Registers in the field be consigned with the relevant
Commissioners under their personal custody. It was further directed that
the last entry of each Register be signed and thereafter sealed.
4.
The aforesaid decision was followed by the enactment of the
Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975 (the
"Repeal Act"), whereby, various laws relating to rehabilitation and
settlement conferring powers of allotment of evacuee property were
repealed w.e.f. 01.07.1974. Under Section 2(2) of the Repeal Act, all
pending proceedings stood transferred for final disposal to the officers
notified by the Government. All assets, liabilities and properties available
3
W. P. No. 55591 / 2022
for disposal in terms of the Repeal Act stood transferred to the Board of
Revenue, Punjab. Moreover, as per Section 4 thereof, all work regarding
documentation of properties also stood transferred to the Board of
Revenue, Punjab.
5.
Following the Repeal Act, another memorandum bearing No.
1524/75/854-R(L) dated 19.06.1978 was issued to all relevant
Commissioners / revenue officers to communicate instructions of the Chief
Settlement Commissioner / Member, Board of Revenue (Settlement &
Rehabilitation), Punjab. It was directed that any allotment which has not
been incorporated in the revenue record before coming into force of the
Repeal Act or within one year of passing of allotment order (whichever is
later) may be deemed to have been fraudulently obtained by ante-dating the
entries in RL-II Registers and should be cancelled forthwith.
6.
Subsequently, the Member, Board of Revenue, Punjab issued
letter No. 3595-84/2398-51 dated 12.12.1984, whereby, it was noted that
after the Repeal Act all confirmed khatas in RL-II Registers have already
been mutated and ultimately incorporated in the regular Registers with
relevant entries in Haqdaran-e-Zamin, etc., therefore, RL-II Registers have
lost their importance as a public document. Moreover, since RL-II
Registers had remained in the custody of revenue officers, junior to the
relevant Commissioners for an extended period, there was a very real
possibility that entries in RL-Il Registers might have been interpolated and
tempered extensively. In these circumstances, all Deputy Commissioners
were directed to advise the Assistant Commissioners under their
jurisdiction to discourage the issuance of copies of RL-II Registers.
However, on the requisition of a directly interested party, the whole
Register could be produced in original by a duly authorized official as and
when required, if relevant copies are required for production in a Court of
law.
7.
The Repeal Act has recently been amended to the extent of the
Province of Punjab through enactment of the Evacuee Property and
Displaced Persons Laws (Repeal) (Amendment) Act, 2022 (the
"Amendment Act"). Accordingly, the jurisdiction qua all pending
W. P. No. 55591 / 2022
proceedings before the notified officer / Chief Settlement Commissioner
under Section 2(2) of the Repeal Act has been taken away w.e.f.
26.09.2022 and exclusively vested with the Full Board consisting of three
Members of the Board of Revenue, Punjab constituted by the Senior
Member, Board of Revenue, Punjab from time to time.
8.
Since the jurisdiction with respect to all settlement matters
under the Repeal Act as amended through the Amendment Act vests only
with the Full Board, the matter regarding provision of certified copies to
the Petitioner was placed before the Full Board headed by the Senior
Member, Board of Revenue, Punjab in its meeting held on 13.01.2023
under Agenda Item No. 3 which was examined and accordingly rejected.
9.
In compliance with the Order dated 04.10.2023 passed by this
Court, the Senior Member, Board of Revenue, Punjab on 02.01.2024,
constituted a six-member committee to review the matter regarding
provision of copies of RL-II Register with specific terms of reference i.e.
(i) under which provision of law, certified copies of RL-II Register are
being refused to the Petitioner; and (ii) what are the reasons and
background for such refusal. The committee held its meeting on
17.01.2024 and it was unanimously decided through recorded minutes of
meeting that since the RL-II Registers are sealed and an archived record
owing to the past practices of tempering and interpolation, therefore,
opening of sealed RL-II Registers runs the risk of further tempering and
manipulations. As such, sealed RL-II Registers can neither be opened nor
certified copies thereof be issued under the law for the reasons that the
applicable settlement laws stand repealed and after enactment of the
Amendment Act, the limited jurisdiction of inquiry with respect to the
settlement matters exclusively vests with the Full Board of Revenue which
can open the record in connection with an inquiry and / or allow the sealed
record to be produced before the Superior Courts in sealed form upon
requisition.
10.
Similarly, the Board of Revenue, Punjab vide letters dated
24.07.2023 and 15.06.2013, has issued necessary instructions, as also
conveyed to Deputy Commissioner, Narowal through letter dated
5
W. P. No. 55591 / 2022
08.01.2024 that upon repeal of settlement laws, the scope of dealing with
specific pending matters relating to settlement is very limited and only in
cases falling within that limited scope, the record of RL-II Registers can be
de-sealed subject to approval and issuance of certified copies thereof is not
permissible. The said instructions include the instructions as regards the
implementation of decrees of Civil Courts in the light of Judgments of the
Superior Courts and production of sealed record in the Courts.
11.
Therefore, the provisions of law encapsulated in the Repeal
Act as amended by the Amendment Act and the instructions / policies
issued thereunder from time to time do not permit issuance of certified
copy of RL-II Registers, rather, the same put a clog thereon any further as
the status of RL-II Registers is no more that of a public document. After
analyzing the entire scheme of law, the committee concluded that since
RL-II Registers have been archived having been sealed and kept under lock
since 1973, therefore, they no longer constitute public record. As such, the
practice of their use and issuance of certified copies was conscientiously
replaced with production of the entire original sealed record in a Court of
competent jurisdiction, if so required. The policy directives were lawfully
and validly issued by the competent authorities at the relevant times and
have remained in the field for decades since their issuance. Hence, the
jurisdiction to de-seal RL-II Registers now exclusively vests with the Full
Board which has lawfully considered and regretted the request of the
Petitioner regarding issuance of certified copy of RL-II Registers under the
Repeal Act as amended through the Amendment Act and on the basis of
the policy directives which have been in force for over half a century.
12.
Public documents are defined and prescribed in Article 85 of
the Qanun-e-Shahadat Order, 1984 (the “QSO”). In terms of Article 87
thereof, certified copies of public documents are issued in the prescribed
manner to any person having right to inspect the same. RL-II Registers
conferring rights on the claimants were prepared and maintained under the
governing settlement laws and settlement schemes. Hence, the same fell in
the category of „public documents‟ under Article 85(4) of the QSO which
were required to be maintained under the law. Upon repeal of the
6
W. P. No. 55591 / 2022
settlement laws through the Repeal Act read with the Amendment Act, the
preparation and maintenance of RL-II Registers stood abolished. The
powers and authorization of the settlement Authorities under the Repeal
Act read with the Amendment Act with respect to settlement matters and
maintenance of record also stood revoked. The outcome and culminating
effect of the entries contained in RL-II Registers have now become past
and closed transactions since confirmed allotments have been duly
incorporated or mutated in the regular Registers or revenue record in shape
of confirmed Khatas. At the same time, the previously maintained record
of RL-II Registers has also been sealed in order to avoid any future misuse,
interpolation or manipulation. Therefore, the RL-II Registers being not
maintained any more under the law, do not constitute public documents
under Article 85(4) of the QSO. Hence, issuance of any certified copy of
RL-II Registers by the Respondents is neither mandated nor permissible
under the law.
13.
Under the provisions of the Repeal Act read with the
Amendment Act, conferring of rights over an agricultural evacuee land by
way of settlement has come to an absolute end and there exists no legally
enforceable right to settlement. Even the pending proceedings under
Settlement Act stand abated under Section 2-B of the Repeal Act as
inserted through the Amendment Act. The proviso thereto permits
continuation of only those proceedings which involve cancellation of
adjustment, allotment or utilization of land made against pending claims
after 01.07.1974 and jurisdiction in relation to the same can only be
exercised by Full Board of the Board of Revenue, Punjab. Hence, in the
absence of any legal right as to the RL-II Registers and inspection thereof,
the Petitioner cannot seek issuance of certified copy thereof under the law.
It is submitted, without conceding in any manner, that even if the Petitioner
is entitled to be treated in accordance within the exceptions provided in the
Repeal Act read with the Amendment Act, the relevant RL-II Registers
may be de-sealed during the course of inquiry by the Full Board of the
Board of Revenue, Punjab in exercise of its limited jurisdiction under the
law and / or the record may be produced in sealed form before any Court of
7
W. P. No. 55591 / 2022
law having jurisdiction in this regard. However, in any case, a certified
copy of RL-II Registers, conferring settlement right on Petitioner, cannot
be issued to him, at present, under the governing law. Therefore, in the
circumstances when RL-II Registers do not constitute public document and
the Petitioner has no right to inspect the same upon abolishing of such
right, this Petition seeking direction from this Court in this regard is liable
to be dismissed.
14.
Given the scheme of law as explained above, in the absence of
any proceedings pending with respect to any entitlement of the Petitioner
within the limited exceptions under the Repeal Act as amended through the
Amendment Act, the Petitioner has no locus standi to institute this Petition.
Besides absence of any legal right of the Petitioner to get certified copy of
RL-Il Registers and corresponding legal obligation of the Respondents in
this regard, he is not entitled for any discretionary relief as he has not come
to the Court with clean hands. Notwithstanding the exceptions as to any
proceedings relating to the settlement, there are no proceedings of any kind
which are pending with respect to any claim and entitlement of the
Petitioner. If there were proceedings initiated or pending, the sealed record
could be inspected by the competent authority or produced before any
Court of law in the sealed form. However, the Petitioner is trying to get a
certified copy of a document conferring right or entitlement on him under
the garb of public document which is unwarranted in law. Hence, this
Petition is liable to be dismissed on this score alone.
15.
This Petition is also hit by the availability of an efficacious
alternate remedy to the Petitioner. As explained above, the grievance and
right or entitlement of the Petitioner, if any, without conceding, can be
addressed during the course of any proceedings within the legal exceptions
under the law i.e. the Repeal Act read with the Amendment Act as the
relevant RL-II Registers may be de-sealed or inspected by the competent
authority or any Court of law in connection with the inquiry or any
proceedings. The inspection of sealed record for the purposes of any
inquiry or judicial determination is distinct and different from an
independent right of seeking issuance of certified copy of RL-II Registers.
8
W. P. No. 55591 / 2022
Hence, the Petitioner has an alternate remedy for his grievance, if any, and
the titled Petition is not maintainable.
16.
The moot point involved in this Petition is as to whether Forms
in RL-II Registers constitute public record or not and whether certified
copies thereof can be lawfully refused by the Respondents?
17.
The State of Pakistan after its creation embarked upon a
strenuous and arduous journey to settle and rehabilitate refugees who had
migrated from India. In the process various settlement laws were
promulgated and settlement schemes were prescribed thereunder to achieve
the objective. Agricultural evacuee lands were, accordingly, allotted to
entitled persons against verified claims. The basic Scheme was introduced
under the Rehabilitation Act. Comprehensive mechanism was put in place
under the Scheme entailing various steps ranging from receipt and
verification of claims, receiving and determination of objections, raising of
proposals and conferring allotments on provisional basis culminating into
permanent allotments. Various Registers in Forms were prescribed to
incorporate various entries corresponding to multiple phases in the
allotment process. Para 60-61 of the Scheme prescribed the Register in
Form RL-I (Appendix III) for recording of entries of receipt of verified
claims, receipt and disposal of objections in relation to Fard-i-Haqiat. Para
63 of the Scheme prescribed Form of RL-II (Appendix V) called the
Provisional Permanent Allotment Register for recording of verified claims
and details of allotment and disposal of agricultural lands to displaced
persons. Column 10 thereof relates to area permanently allotted with index
units. Para 63 read with Para 60 of the Scheme also confers the right of
inspection to obtain certified copies of extracts of RL-I and II Registers as
per Para 3.48(1), Note 2 and 3.48(3) of the Land Records Manual. Para 63
declares that entries in RL-II Registers form the basic record of the
rehabilitation settlement work. As such, ownership rights were conferred
upon the allottees. Therefore, the entries contained in Form RL-II Registers
constitute the basis of title with respect to allotted agricultural lands under
settlement laws and settlement schemes prescribed thereunder,
notwithstanding that such entries had been recorded, incorporated or
9
W. P. No. 55591 / 2022
mutated in subsequent revenue record in relevant registers which is being
maintained regularly.
18.
The Repeal Act came into effect on 01.07.1974. Section 2 of
the Repeal Act repealed the Registration of Claims (Displaced Persons) Act
1956; the Rehabilitation Act; the Pakistan (Administration of Evacuee
Property) Act, 1957; the Displaced Persons (Compensation and
Rehabilitation) Act, 1958; the Settlement Act; the Scrutiny of Claims
(Evacuee Property) Regulation, 1961; and the Price of Evacuee Property
and Public Dues (Recovery) Regulation, 1971. Section 2(2) of the Repeal
Act transferred all pending proceedings before the Authorities or cases
remanded by the Superior Courts to notified officers which were required
to be decided in accordance with the provisions of the repealed Acts and
Regulations under Section 2(1) thereof as mandated by Section 2(3)
thereof. The obligation of execution of final orders was placed upon the
Board of Revenue under Section 2(4) of the Repeal Act in accordance with
the provisions of the said repealed Acts and Regulations. After the
devolution of powers under the Constitution (Eighteenth Amendment) Act,
2010, the Repeal Act which was in Federal ambit was adapted with certain
amendments by the Province of the Punjab through the Evacuee Property
and Displaced Persons Laws (Repeal) (Amendment) Act, 2012. Later,
further amendments were introduced in the Repeal Act through the
Amendment Act. Accordingly, the pending proceedings and remanded
cases from the Superior Courts were transferred from the notified officers
to the Full Board of the Board of Revenue, Punjab which were required to
be decided in accordance with the provisions of the said repealed Acts and
Regulations. Conspicuously, Sections 2-A and 2-B were inserted in the
Repeal Act by the Amendment Act. Section 2-A of the Amendment Act
provides that all properties allotted after the repeal of the Acts and
Regulations mentioned in Section 2(1) of the Repeal Act shall be subject to
scrutiny at any time, and after observing due process of law, if it is found
that any land or property was allotted in contravention of any law or
through fraud, forgery or misrepresentation, such allotment shall be
cancelled. Further, Section 2-B of the Amendment Act provides that all
10
W. P. No. 55591 / 2022
proceedings before the commencement of the Repeal Act in relation to
adjustment, allotment or utilization of former evacuee land against verified
claims of produce index units of claimants before notified officers shall
stand abated provided that such proceedings in relation to adjustment,
allotment or utilization of land made against pending claims of produce
index units after 01.07.1974 in contravention of law shall not stand abated
and shall be decided in accordance with law. Under Sections 3 and 4 of the
Repeal Act as amended through the Amendment Act, all properties
available for disposal before the repeal of the Acts and Regulations under
Section 2(1) thereof or which may become available for disposal after such
repeal due to cancellation of any fraudulent allotment shall stand
transferred to the Government for utilization for public purposes. Similarly,
all work regarding documentation of properties also stood transferred to the
Board of Revenue, Punjab. It is obvious from the above that there is no
provision in the Repeal Act as amended by the Amendment Act which in
any manner changes or alters or disregards the nature or character of public
record of documents kept or maintained under the repealed Acts and
Regulations under Section 2(1) thereof including RL-II Registers or in any
manner whatsoever empowers or mandates the Government or the Board of
Revenue Punjab including its Full Board to disregard the sanctity of such
public record or in any manner whatsoever affects the right to inspect and
take certified copies of such public record.
19.
Article 85 of the QSO lists various categories of documents
which are categorized as public documents. Article 85(1) thereof stipulates
that all documents forming the acts or records of the acts of the sovereign
authority; of official bodies and tribunals; and of public officers,
legislative, judicial and executive of any part of Pakistan or of a foreign
country are public documents. Article 85(2) thereof states that public
records kept in Pakistan of private documents are also public documents.
Article 85(4) thereof provides that documents required to be maintained by
a public servant under any law are public documents. Article 87 thereof
mandates that every public officer having custody of a public document,
which any person has a right to inspect, shall give that person on demand a
11
W. P. No. 55591 / 2022
copy of it on payment of the legal fees therefor, together with a certificate
written at the foot of such copy that it is a true copy of such document or
part thereof, as the case may be, and such certificate shall be dated and
subscribed by such officer with his name and his official title, and shall be
sealed, whenever such officer is authorized by law to make use of a seal,
and such copies so certified shall be called certified copies. In addition,
certified copies of public records can also be obtained under the provisions
of the Punjab Copying Fees Act, 1936 and the rules for the supply of
copies of records under the control of Deputy Commissioners and
Commissioners in accordance with the procedure prescribed therein.
Therefore, it is unequivocally established that public documents kept by
public bodies, public servants and executive constitute public record
notwithstanding that it is not being maintained. Hence, the contention that
RL-II Registers being no longer maintained after the repeal of settlement
laws have lost their efficacy and as such, do not constitute public record is
a fallacy.
20.
Article 19-A of the Constitution of the Islamic Republic of
Pakistan, 1973 unequivocally confers the right to information as a
fundamental right to every citizen to have access to information in all
matters of public importance subject to regulation and reasonable
restrictions imposed by law. The Information Act was promulgated to give
effect to the fundamental right for access to information in the Province of
the Punjab. As per Section 2(j) thereof, the „right to information‟ includes
the right to inspect and obtain certified copy of a document of a public
body. Section 10 thereof invariably confers the right to information to any
applicant and Section 10(3) specifically proclaims that an applicant shall
not be required to provide reasons for request to information and shall only
be required to provide an adequate description of the information and the
details necessary to provide the requisite information. Such an application
can only be refused where disclosure of information falls in any of the
exception enumerated in Section 13 thereof. Needless to state that none of
the exceptions listed in Section 13 thereof is attracted qua issuance of
certified copies of Form RL-II. Section 24(1) further states that the
12
W. P. No. 55591 / 2022
provisions of the Information Act shall take precedence over the provisions
of any other law while Section 24(2) clarifies that an exception mentioned
in Section 13 shall take precedence and any exception or limitation in any
other law on right to information may not be construed to extend the scope
of the exception in the Information Act, although such provision in other
law may elaborate on the exception mentioned in Section 13.
21.
It follows from the above that public record under the repealed
settlement laws including entries incorporated in Forms / RL-II Registers is
public record for all intents and purposes. No provision of law has been
cited by the Respondents which disregards revenue entries incorporated in
RL-II Registers and replaces it with any fresh record with the caveat that
record based on RL-II Registers does not constitute public record or
extinguish the right to inspect or obtain certified copies thereof or changes
or alters the character or nature of such record or declares the same as
achieved or classified record or permits permanent sealing of the same. As
such, the Board of Revenue, Punjab has no lawful authority to permanently
seal, change or alter the nature and character of public record including
RL-II Registers or outrightly refuse, deny the right to inspect or obtain
certified copies thereof applied by any person in accordance with law.
22.
This is notwithstanding that the Federal Government decided
to stop allotment of rural evacuee agricultural land vide letter dated
25.06.1973 or that limited rights with respect to repealed settlement laws
qua pending proceedings are protected under the Repeal Act read with the
Amendment Act or that all confirmed khatas in RL-II Registers have
already been mutated and incorporated in subsequent revenue record.
Therefore, none of the reasons mentioned in the instructions of the Board
of Revenue, Punjab contained in letters dated 25.06.1973, 19.06.1978,
12.12.1984, 15.06.2013, 24.07.2023 and 08.01.2024 and in decisions of the
Full Board of the Board of Revenue, Punjab dated 13.01.2023 and
17.01.2024 for denial of certified copies of RL-II Registers such as repeal
of settlement laws, limited existence of rights under the repealed settlement
laws, sealing of record due to non-authenticity of entries, possibility of
interpolation and tempering in the record and opening of a floodgate of
3
W. P. No. 55591 / 2022
requests of issuance of certified copies of RL-II Registers can be made
basis for denial of right of inspection and obtaining of certified copies of
public record simply because access to public record by way of inspection
and right to obtain certified copies cannot be clogged, curtailed or
prohibited by any functionary of a public body. This is particularly so when
the entries contained in RL-II Registers constitute basis of ownership
rights. As such, it is not the mandate of custodian of record to undertake a
fishing exercise into the need or purpose of a person who has applied for
certified copies of a document constituting public record, as the same is
specifically prohibited under Section 10(3) of the Information Act. The
purpose may be as benign as to conduct due diligence of a particular
property or requiring a certified copy against lost record. Therefore, the
contention that the entire sealed RL-II Register can be produced in original
before a Court of law is grossly misconceived since a person may require
to inspect and obtain certified copy thereof who has no nexus with a
pending proceeding in a Court of law. Hence, the Respondents or the Full
Board of the Board of Revenue, Punjab grossly fell in error by inferring on
their own by interpreting the Repeal Act read with Amendment Act that
they are no more obliged or under a legal duty to issue certified copies of
RL-II Registers. Suffice is to hold that interpretation of laws is the sole
prerogative of the Superior Courts which does not fall in the domain of the
executive.
23.
There is no cavil to the proposition that the Repeal Act read
with Amendment Act vests the jurisdiction qua all settlement matters with
the Full Board of the Board of Revenue, Punjab. As such, the Full Board of
the Board of Revenue, Punjab may adopt a suitable mechanism and means
to de-seal, secure and preserve RL-II Registers in the present form
manually or by digitalizing such record and prescribe a reasonable
mechanism for inspection and issuance of certified copies thereof but
cannot outrightly deny or refuse the same.
24.
The objection of the Respondents that the Petitioner has no
locus standi to institute this Petition is without any basis as any person can
apply for a certified copy of public record and such person cannot be
W. P. No. 55591 / 2022
deprived from his legal and constitutional right. Needless to state that the
Petitioner had no efficacious remedy to redress his grievance when his
request and endeavor to obtain certified copies of RL-II Registers had been
declined by the Respondents before the institution and even during
pendency of this Petition and resort to the Information Act was also met
with failure.
25.
In view of the above, this Petition is allowed and the
Respondents are directed to issue certified copies of RL-II Registers as
applied for by the Petitioner within a period of 30 days from the date of this
Judgment.
(Abid Hussain Chattha)
Judge
Announced in Open Court on 22.05.2024.
Judge
Approved for reporting.
Judge
Comments
Post a Comment