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ISLAMABAD:
The Federal Constitutional Court (FCC) has rejected a petition seeking enforcement of land mutations after a delay of more than a hundred years, ruling that the tax authorities do not have the 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 such issues can only be decided by a civil court.
The petitioners contended that their predecessors and certain pro forma respondents were owners of the disputed land by virtue of mutations approved in 1907 and 1913 which were approved by virtue of a decision of a competent civil court.
However, they argued that these mutations were never implemented in the register of rights due to negligence on the part of the tax authorities and that there was now no legal obstacle to their enforcement.
The court was informed that the petitioners first approached Additional Deputy Commissioner (Revenue), Layyah, in 2020 to enforce the mutations but their request was rejected. Later, the Additional Commissioner allowed the appeal and ordered enforcement of the mutations.
The Board of Revenue, Punjab, however, set aside this order and restored the decision of the Additional Deputy Commissioner. Later, the LHC also rejected the constitutional petition.
