LAHORE: The Lahore High Court has dismissed a petition of Hamza Sugar Mills of Rahim Yar Khan and allowed revenue authorities to re-establish their possession of 800 kanal state land encroached upon by the mill.

The mills through its counsel took up a plea to justify possession of the state land – Mohal Chak 1/P, Khanpur tehsil, Rahim Yar Khan district – that it was barren and uncultivable. Therefore, he said, it took the land into its possession and developed it by investing a huge amount.

The petitioner’s counsel also challenged the judgements of trial courts regarding assessment of market value and imposition of 10pc surcharge.

Revenue authorities allowed to repossess 800 kanals

A provincial law officer stated that the matter had been previously heard by the court and referred to a senior member of the Board of Revenue here with a consent of the parties.

He said the member after a detailed exercise furnished a report assessing the market value of the land. But after going through the report, the petitioner backed out of its earlier commitment and objected to the assessment.

Justice Ibadur Rehman Lodhi observed that there was no agreement between the parties and the mills remained in illegal and unauthorised occupation of the state land. The judge also observed that the petitioner wanted to continue its illegal possession and had no intention to pay even a single penny either as penalty or at least compensation for use and unauthorised occupation of the land.

The judge, therefore, dismissed the petition and allowed revenue authorities to repossess the state land and recover the amount of penalty whatever had been assessed by the revenue authorities as arrears of land revenue.

Published in Dawn, July 4th, 2015

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