Land acquisition act. All legal heir should ne consider single entity and get single big developed plot as if their mother alive , she receive.

High court was that Naziran Bibi's legal heirs should be treated as a single entity for the land exemption/adjustment. This meant they would collectively receive the plots Naziran Bibi was entitled to, rather than being treated as separate individuals with insufficient shares.

Story of the case

Amtal Sabour and her siblings inherited a piece of land from their mother, Naziran Bibi, which had been acquired by the government for a development project. Naziran Bibi was entitled to a land exemption/adjustment, but after her death, the government treated each heir's share separately, making them eligible only for compensation, not the land.

Determined to honor their mother's legacy, Amtal filed a petition in the Lahore High Court. The court ruled that Naziran Bibi's entitlement should extend to her heirs as a collective group. The legal heirs were to be treated as a single entity and allotted the plots their mother would have received. This decision ensured that the family received the developed land, preserving their inheritance and Naziran Bibi's legacy.

Main points decided 

1. **Collective Entitlement:** Naziran Bibi's legal heirs are to be treated as a single entity, not as separate individuals, for the purpose of land exemption/adjustment.

2. **Basis of Entitlement:** Since Naziran Bibi was alive at the time of the land acquisition, her entitlement to the exemption/adjustment applies to her heirs.

3. **Allocation of Plots:** The legal heirs are to be jointly allotted plots equivalent to what Naziran Bibi would have received had she been alive.

4. **Availability of Plots:** The court confirmed that plots are available in the scheme for allocation to the heirs.

5. **Policy Adherence:** The respondents must process the case in line with the policy allowing exemption/adjustment to Naziran Bibi's heirs.

1. **اجتماعی استحقاق:** نذیراں بی بی کے قانونی ورثاء کو زمین کی ایڈجسٹمنٹ کے مقصد کے لیے الگ الگ افراد کے طور پر نہیں بلکہ ایک واحد ہستی کے طور پر سمجھا جائے گا۔

2. **استحقاق کی بنیاد:** چونکہ زمین کے حصول کے وقت نذیراں بی بی زندہ تھیں، اس لیے استثنیٰ/ ایڈجسٹمنٹ کا ان کا حق اس کے ورثاء پر لاگو ہوتا ہے۔

3. **پلاٹوں کی الاٹمنٹ:** قانونی ورثاء کو مشترکہ طور پر پلاٹ الاٹ کیے جائیں گے جتنا کہ نذیراں بی بی کو ملتا اگر وہ زندہ ہوتیں۔

4. **پلاٹوں کی دستیابی:** عدالت نے تصدیق کی کہ ورثاء کو مختص کرنے کے لیے اسکیم میں پلاٹ دستیاب ہیں۔

5. **پالیسی کی پابندی:** جواب دہندگان کو نذیراں بی بی کے ورثاء کو ایڈجسٹمنٹ کی اجازت دینے والی پالیسی کے مطابق کیس پر کارروائی کی جاۓ۔

Judgement

Form No: HCJD/C-121 

ORDER SHEET

IN THE LAHORE HIGH COURT, MULTAN BENCH MULTAN

JUDICIAL DEPARTMENT 

WP No.10317 of 2015

Amtal Sabour

versus

Deputy Director (E.M.) PHATA region, Multan etc

S. No. of order/

Proceeding

Date of order/

Proceeding

Order with signature of Judge, and that of

parties or counsel, where necessary

 08.06.2017 Mr. Aurangzaib Ghuman, Advocate for petitioner. 

Mr. Muhammad Javaid Saeed Pirzada, AAG with 

Masood Ahmad, Management Officer. 

Through this constitutional petition, the petitioner 

has sought a direction to the respondents to allot joint 

land/plots to the petitioner and proforma respondents 

according to their shares in their mother’s inheritance on 

the basis of the land belonging to their mother measuring 

03-kanals 06-marlas acquired by the respondents which 

may be divided between the petitioner and proforma 

respondents according to their shares. 

2.

The brief facts of the case are that the mother of 

the petitioner and proforma respondents, namely, Naziran 

Bibi was allottee of the land measuring 03-kanals 06-

marlas at Chak No. 447/EB, which was acquired by the 

respondents for Area Development Scheme No.II, 

Burewala in the year 1983. The mother of the petitioner 

died in the year 1998 and inheritance mutation was 

entered in the name of the petitioner and proforma 

respondents and their father according to their shares. 

The father of the petitioner died later on and his share in 

property was inherited by the petitioner and proforma

WP No. 10317 of 2015

Dated 08.06.2017. 

2

respondents. The petitioner claims to be entitled to be 

allotted exempted/adjusted land that is available as 

against 03-kanals 06-marlas but the respondents are not 

providing the same to the petitioner and the proforma 

respondents on the pretext that each of the legal heir is to 

be treated separately and share of none of the legal heir is 

enough for allotment of exempted plot in the scheme 

developed by the respondents wherein plots of one kanal, 

10 marlas, 07 marlas and 05 marlas have been carved out 

of the land, therefore, they are entitled to compensation

only. 

3.

In the comments, it is admitted that property of 

petitioner’s mother was acquired. The Chief Minister, 

Punjab approved summary on 27.08.2007 whereby exland owners are entitled to exemption/adjustment equal 

to 30% on the basis of their entitlement reflected in the 

revenue record and as per revenue record, each 

individual is being treated separately, hence entitled to 

compensation only. 

4.

Learned counsel for the petitioner has argued that

the date on which land was acquired, the mother of the 

petitioner was alive and had to be treated as a single 

individual from whom 03-kanals 06-marlas land was 

acquired and on the basis of same acquisition, mother of 

the petitioner was entitled to exemption/adjustment, 

therefore, same be allowed to her legal heirs. 

5.

It is seen from the record that Area Development 

Scheme, Burewala-II, comprising an area of 99-Acre, 01-

kanal and 16-marlas which included 61-Acres, 01-kanal 

and 12-marlas of private land owners and Dakheels 

Karaans was launched by Housing & Physical Planning 

WP No. 10317 of 2015

Dated 08.06.2017. 

3

Department in the year 1984. The possession of scheme 

was taken over on 29.10.1984. The scheme was 

completed in few years by incurring expenditure of 

Rs.50.293 million. The award of private land was 

accordingly announced by the Land Acquisition 

Collector, H&PP Circle, Multan (defunct) at the rate of 

Rs.1,32,000/- per Acre plus 15% compulsory acquisition 

charges on 29.02.2000. Being aggrieved of it, the exland owners had not accepted the above award and 

approached the Chief Minister, Punjab for redress of 

their grievance. The case was examined in order to 

resolve the deadlock, and a summary was approved by 

the Chief Minister Punjab for redress of grievance of 

land owners featuring that the compensation of land at 

the rate of Rs.1,32,000 per acre plus 15% acquisition 

compulsory charges and 30% exemption of land in shape 

of developed plots after recovering the development

charges at the rate of Rs.7972/- per marla. As per 

direction of the Chief Minister, Punjab issued in the 

above said summary, the land owners exemption/

adjustment committee in its meeting held on 03.04.2015 

has allocated the plots for allotment to be ex-land owners 

of Area Development Scheme No.II at Burewala as per 

their entitlement/mutations submitted by them and were 

verified by the concerned revenue staff. 

6.

The Chief Minister, Punjab approved the 

summary by observing therein that for the purpose 

developed plots equivalent to 30% of the land holding 

may be sold/exempted to them at this stage under the 

enabling provision of the law on recovery of 

development charges of Rs. 7972/- per marla. This 

WP No. 10317 of 2015

Dated 08.06.2017. 

4

proposal, it was observed, would be a just dispensation 

for the land owners but would require compassionate 

interpretation of Section 4(g) of the Disposal of Land by 

Development Authorities (Regulation) Act, 1998, which 

is reproduced below:

“4(g) Notwithstanding anything contained in this 

Section Government may allow sale and disposal of 

land in special circumstances at such rate and on 

such terms and conditions as it may determine.” 

7.

Admittedly, at the time of acquisition of the 

property, mother of the petitioner was alive so she has to 

be treated as a single individual from whom the property 

was acquired. She died in the year 1998, i.e. 14 years 

after possession of the land for the scheme was taken 

over. After the death of the petitioner’s mother, the land 

was mutated in favour of her legal heirs but the said heirs 

cannot be treated as separate individuals as the 

entitlement of their mother had matured on the 

acquisition and taking over possession by the 

respondents. 

8.

The representative of the respondent department 

was asked whether any plots are available in the said 

scheme, he has stated that some plots are still available. 

9.

In this view of the matter, all the legal heirs of 

Naziran Bibi shall be treated as her representatives and 

thereafter the case of the petitioner and proforma 

respondents shall be processed by respondent No.1

keeping in view the policy allowing 

exemption/adjustment to the legal heirs of Naziran Bibi

and the legal heirs will jointly be allotted plots to which

Naziran Bibi would have been entitled had she been 

alive.

WP No. 10317 of 2015

Dated 08.06.2017. 

5

10.

For what has been discussed above, this petition is 

allowed in the aforesaid terms. 

 (Muzamil Akhtar Shabir) 

For more information call us 0092-324-4010279 Whatsapp Dear readers if u like this post plz comments and follow us. Thanks for reading .as you know our goal is to aware people of their rights and how can get their rights. we will answer every question, so we need your help to achieve our goal. plz tell people about this blog and subscribe to our youtube channel and follow us at the end of this post.