FCC rules in century-old land mutation plea

The Federal Constitutional Court (FCC) has dismissed a petition seeking enforcement of land mutations after a delay of more than one hundred years, ruling that revenue authorities have no power to correct land records in cases involving extraordinary and unexplained delay or disputed claims.

A two-member bench, comprising Justice Syed Hasan Azhar Rizvi and Justice Muhammad Karim Khan Agha, dismissed a petition filed by Faizullah Khan and others, while upholding the decision of the LHC, Multan Bench. The court said that such matters can only be decided by a civil court.

The petitioners contended that their predecessors and certain proforma respondents were owners of the disputed land on the basis of mutations sanctioned in 1907 and 1913, which were approved on the basis of a decision by a competent civil court.

However, they argued, these mutations were never implemented in the record of rights due to negligence on the part of revenue authorities and that there was now no legal impediment to their enforcement.

The court was informed that the petitioners first approached the Additional Deputy Commissioner (Revenue), Layyah, in 2020 for the enforcement of the mutations, but their request was rejected. Later, the additional commissioner allowed the appeal and ordered enforcement of the mutations.

However, the Board of Revenue, Punjab, in review proceedings, set aside that order and restored the decision of the additional deputy commissioner. Later, the LHC also dismissed the constitutional petition.