LAHORE: The illegal encroachers on Charagah lands in rural areas are foiling initiatives of setting up of government schools for children on the plea that the land encroached by them is part of Shamlat Deh, said sources in the Punjab Board of Revenue.
These encroachers waste no time in challenging the efforts as and when the revenue authorities transfer land of Charagah after receiving a joint application by the residents of villages in the province, they added.
It may be noted that the land dedicated for Charagah is known as common land under the concept of Wajib-ul-Arz (Village administration-paper), which is a statement of custom respecting rights and liabilities in an estate. It should not be used for the creation of new rights or liabilities, or for what may be called village legislation. Entries in a Wajib-ul-Arz in regard to question of custom are presumptive evidence of existence of the rules of custom or village usages to which a presumption of correctness attains finality.
Most of the Charagah lands are under the illegal influential occupants, who leave no stone unturned to defeat the collective good of setting educational facility for the children of their respective areas.
According to the sources, such influential elements contest their plea on the point that the land declared a Shamlat Deh vests in the collective body of the landowners of village, which the revenue authorities have no power to acquire in favour of the government. They further allege the relevant assistant commissioners of acquiring the land to generate income by giving it on lease to private persons instead of constructing schools, the sources added.
They added that the provincial government has the authority to acquire this land for any public welfare project in the collective good of the villagers. However, the illegal encroachers assail all such mutations while claiming the said land as part of Shamlat Deh, leading to an unending string of litigation for decades.
The departmental sources said most of such encroachers fail to establish their case when they are confronted on the basis of entries of the Wajib-ul-Arz. They said Wajib-ul-Arz is part of customary law and provides a legal basis for determination of Shamlat Deh. Also, they added, it is not necessary that it should be incorporated in each successive Jamabandi. Rights of landowners pertaining to distribution of Shamlat Deh are determined on the basis of Wajib-ul-Arz, which takes precedence over entries in successive Jamabandis including Jamabandi immediately preceding the consolidation. They further added that the illegal encroachers have no right to occupy Charagah lands and therefore fail to make out any case against the departmental transfers for public welfare projects.
Copyright Business Recorder, 2023
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