LHC dismisses challenge to land exchange deed of 1976

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Picture shows exterior of Lahore High Court building. — AFP/File
Picture shows exterior of Lahore High Court building. — AFP/File

LAHORE: The Lahore High Court (LHC) has dismissed a challenge by members of an influential family to a 1976 land exchange agreement between private individuals and the Punjab government, directing the retrieval of over 200 acre land from their unlawful possession.

Justice Khalid Ishaq passed a detailed judgement dismissing, with punitive cost, two connected petitions filed by Sardar Noshair Khan Wattoo and Muhammad Meher Irfan Khan.

Both petitions assailed a consolidated order issued on Sept 23, 2024, by the Punjab Secretary for the Colonies Department, Board of Revenue, which had turned down the petitioners’ plea to enforce a prior cancellation order.

On June 16, 1976, a registered “Exchange Deed” was executed between the Punjab government and Sardar Muhammad Subah Sadiq Khan Wattoo (the original exchangee).

Issues order for retrieval of 200 acre govt land, imposes punitive cost on petitioners

Under the sanctioned arrangement, 988 acres, 2 kanals, and 16 marlas of private land — scattered across various mauzas in Vehari, Depalpur and Pakpattan — were exchanged for a compact block of 815 acres, 6 kanals and 9 marlas of state land situated in in tehsil Khanewal (formerly district Multan).

Following the implementation of Martial Law Order No. 14 (MLO 14), which aimed to review land allotments made using official position or political influence between Jan 1, 1972, and July 4, 1977, the Member (Colonies), Board of Revenue, cancelled the exchange transaction on May 17, 1978.

Though the original exchangee initially challenged the 1978 cancellation before the LHC, he simultaneously approached the governor/martial law administrator Zone ‘A’ (Punjab).

On Oct 25, 1983, the martial law administrator allowed his application, setting aside the cancellation order and restoring the exchange deed through a directive on Dec 1, 1983.

Consequently, the original exchangee withdrew his pending writ petition from the LHC.

However, after remaining quiet for over two decades, the petitioners/successors of the family filed an application in 2004 before the Board of Revenue, seeking implementation of the long-defunct 1978 Cancellation Order — aiming to retain ownership of their original private lands while having already alienated significant portions of the exchanged state land to third parties through gifts, sales, and inheritance transfers.

The matter was eventually remanded, by a court, to the Secretary (Colonies), culminating in the Sept 23, 2024 order that refused to undo the exchange.

Representing the Punjab government, an assistant advocate general argued that the state land exchange had attained finality in 1983 at the request of the petitioners’ predecessors themselves.

The law officer highlighted that the petitioners had suppressed material facts, enjoyed benefits from both lands and unlawfully occupied state land.

In his detailed judgement, Justice Ishaq observed that the present petitioners seek implementation of the cancellation order with a malicious design to retain the possession and obtain title of the private land, which stood transferred to the state by virtue of the exchange deed, but its possession had been retained even till date.

“It is only by virtue of their political influence and ability to prevail upon the decision-making quarters that they have been able to successfully frustrate the State’s interest for so long in such a clandestine manner,” Justice Ishaq maintained.The judge dismissed both petitions, imposing a punitive cost of Rs1m on each petitioner.

The judge ordered the Okara district collector to retrieve 200 acres state land from the possession of the petitioners and others within 30 days. The judge further observed that the petitioners are liable to pay the compensation in accordance with the law. He directed the authorities concerned to determine and recover the same from the petitioners.

Published in Dawn, August 6th, 2026

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