LHC restricts civil courts' role in land consolidation

The Lahore High Court (LHC) on Thursday laid down a nine-point test to be applied before implementing long-pending land consolidation orders, holding that such disputes fell exclusively within the purview of relevant authorities and could not be entertained by civil courts except in exceptional circumstances involving fraud, mala fide or lack of jurisdiction.

LHC Justice Mohsin Akhtar Kayani dismissed a plea filed by Mushtaq Ahmad and others, ruling that once a consolidation scheme attained finality, any subsequent issue regarding its implementation must be decided by the hierarchy under the Punjab Consolidation of Holdings Ordinance, 1960, and not by civil courts whose jurisdiction was barred under Section 26 of the law.

The judge framed a nine-point test to guide consolidation officers in cases where implementation of an order had been delayed for years.

"The authorities must determine whether the original order attained finality, why it remained unimplemented, whether the delay was attributable to the landowner or the state, whether the original revenue estate still exists in substantially the same form, whether ownership has changed through sale or inheritance, whether implementation would prejudice bona fide third parties, whether the original scheme has become impossible or impracticable, whether a fresh consolidation scheme has since been introduced, and whether implementation would advance or defeat the objectives of the ordinance," were the points mentioned.

The judgment set eight principles to govern future consolidation proceedings: "Consolidation proceedings are statutory in nature, consolidation changes possession and location of land - not ownership, every proprietor must receive land of substantially equivalent value, existing mortgages, leases and easements automatically transfer to the newly allotted land, no separate registered transfer deed is required once a consolidation scheme is confirmed, statutory objections, appeals and revisions must ordinarily be exhausted before any other remedy is sought, civil suits relating to matters entrusted to consolidation authorities are barred under Section 26 of the Punjab Consolidation of Holdings Ordinance, 1960 and consolidation jurisdiction may only be revisited in exceptional cases involving jurisdictional error, fraud, mala fide, or violation of statutory requirements."