Illegal mutation of ETPB land cancelled

LAHORE
Sahiwal Division Additional Commissioner (Revenue) has cancelled illegal mutation of multi-billion 984 acres of land of Evacuee Trust Property Board (ETPB), which was earlier transferred to private parties, The News has learnt.
Sources privy to the developments told The News that AC Malik Abdul Waheed has cancelled illegal mutation of the land located in Ram Parshad area of Depalpur, on September 28.
The land was fraudulently mutated and transferred in the name of private people including one Munawar Hussain, claimant of the whole property.
In his judgment, a copy of which is available with The News, the AC wrote that since the actual beneficiary, Munawar Hussain, himself admitted foul play on the part of revenue staff in his revision petition and also demanded cancellation of the disputed mutations which favoured the board, thus the mutation of the said property has been dismissed.
“In view of above discussion, I have no option but to accept the revision petition of Evacuee Trust Property Board which is accordingly allowed. The mutation under discussion bearing No.266, 426 to 441, Mouza Ram Parshad Tehsil Depalpur District Okara are cancelled, resultantly the land in question shall revert back to Evacuee Trust Property Board till the decision of main controversy by Chairman Evacuee Trust Property Board, Lahore”, the judgment reads.
The judgment reads, it is evident from record that disputed agriculture land was meant for Hindu trust governed by customs contained in Rewaj-e-Aam pertaining to the proprietors of the case Faqeers Odasis and one Mahant Manohar Das was a cheela of original trustees. Manohar embraced Islam and vide mutation no 82, the whole property was transferred in favor of Munawar Hussain, claimed to be the real son of Manohar, but the then Deputy Commissioner, Sahiwal, taking suo-motu notice cancelled the same mutation and the property was reverted back in the name of ETPB.
“In fact, the main controversy with regard to the ownership of this land is still pending adjudication in the court of Chairman Evacuee Trust Property Board after longstanding litigation between Munawar Hussain and Department of Evacuee Trust Property Board.
The judgment wrote that despite the fact that title of disputed land is still pending at higher forum, the lower revenue staff without orders of high ups sanctioned disputed mutations in favor of private respondents even in ante dates without permission of higher authorities, Collector Sub-Division or District Collector.
“On the other hand, Assistant Commissioner, Depalpur, being Sub-Divisional Collector as well as appellate authority failed to appreciate the real facts of the case.
He wrongly advised the parties to approach the civil court for their grievances. In such matters, the jurisdiction of civil court is debarred as laid down in Section 172 of the Land Revenue Act 1967.
Similarly, the revenue officers of Tehsil Depalpur also miserably failed to seek permission from district collector for the review of mutations under discussion when a complaint was lodged by ETPB into it”, it further reads.
It is pertinent to mention here that the ETPB had challenged the mutation order of former AC, Depalpur. The land fraudulently mutated in favour of one Munawar Hussain, claiming to be the heir of the property since 1951.
The matter after a long journey of legal battle between ETPB and Munawar Hussain in various courts is still pending with the court of ETPB Chairman for its final decision with regard to the ownership of the land.
But, before he could announce the decision, revenue staff of Okara district transferred the land in the name of Munawar which was further sold out to over a dozens of private persons as well.
It is also learnt that after the decision of AC Revenue Sahiwal, the land has been transferred back to the name ETPB on September 29, 2015.
The mutation which was further done in the name of a dozen private persons including Asadullah Usman, Muhammad Akram Usman, Muhammad Haroon Akbar, Muazzam Usman, all sons of Muhammad Usman, Kulsom Akran, wife of Muhammad Akram Usman, Shabbir Ahmed, son of Nazir Hussain, Asghar Ali, son of Sher Muhammad, Muhammad Umar Farooq, son of Ghulam Yasin, Zain Waseem, son of Nusrat Waseem, Nasim Anwar, son of Muhammad Anwar, Umair Yaqoob Izhar, son of Yaqoob Tahir Izhar, Muhammad Ramzan, son of Din Muhammad, Muhammad Ali, son of Muhammad Yousaf and Pervaiz Akhtar, son of Muhammad Alam has been cancelled and transferred in the name of the Board.
It is also important to mention here that in August 2015, FIA registered an FIR 131/2015 against the accused persons including Muhammad Hussain, Patwari; Muhammad Akram, Kanongo; Najam Hafeez and Rana Riaz, Naib Tehsildars; Sohail Iqbal, Data Entry Operator and Munawar Hussain for the illegal mutation.
So far FIA could arrest only one accused and remaining got bails. Similarly, Punjab Chief Minister Shahbaz Sharif had also taken notice of the issue and ordered Anti-Corruption Establishment, Punjab to hold an inquiry into the matter.