According to the documents , land was mutated in the name of ” Kakimi Narain College , Bhera ” before Partition in 1947. Somehow , the college was not made after the Independence . Later , Evacuee Trust Property Board raised issues regarding the construction of college’s building .
All credit goes to Alama Nazir Ahmad , ex principal Government Inter College for Boys , Bhera, who fought the case for the establishment of college and won. By the Grace of God, Allama Sahib is in good health and lives in Bhera. It is worth asking him how the college was established and its building constructed . It will be part of the college’s history.
Moreover , the college authorities have a look , whether the collage has been allocated the land as per the documents given below. In case not , the case may be taken up with the relevant authorities .
As a tribute to Lakimi Narian, his name must be mentioned at a prominent place in the Government Associate College , Bhera .
The Commissioner, Sargodha Division. Sargodha.
No. 141 /HVC
dated: 23-2-94
SUBJECT: LAND BELONGING TO LAKHMI NARAIN COLLEGE, DHERA-CORRECTION OF RECORD.
MEMORANDUM:
Please refer to your office memo no. S-601-138/14152/Rev. dated 27.12.1993 cn the above cited subject.
- Allama Nazir Ahmad, Principal Government Inter College for Boys Bhera and Ajma. Hashmi, Assistant Director (Colleges)/Law Officer have appeared before me inne Court and have argued that Jiwan Mal son of Shiv Ram caste total Khatri Sawhi y trasferred 72/384 shares of land measuring 257-1/4 kanals in Khewat No. 48 to Laklımi Narain College, Bhera, through Diwan Bahadar Diwan Sita Ram, of Diwan Bahadar Diwan Jawahar Mal, Khatri Sawhny vide mutation no. 5291 wh ch was attested on 21.12.1946. Moreover, Annat Ram, son of Banta Mal caste Khatri Kappor mutated 144/384 shares vide mutation no. 5292 dated 21.12.46 + Lakhmi Narain College, Bhera, through Diwan Bahadar Diwan Sita Ram. Through presaid mutations, land measuring 48 kanals and. 5 marlas and kana and 10 marlas, respectively, was transferred in the name of Lakhmi Narain lege, Bhera. Whereafter, on 23.11.65 as a result of mutation of partitior, land measuring 90 kanals and 5 marlas was mutated in favour of Lakhmi Narvin College, Bhera, through mutation no. 6166. Thereafter the entry cont. nued in Khewat No. 762 Khatuni Nos. 1226 to 1228 measuring 90 kanals and 5 marla in the name of Lakhmi Narain College, Bhera vide Register Haqdaran Zamin for the year 1991-92. They have stated that this land may be mutated in favour of Government Inter College, Bhera, alongwith its possession so that a proper College could be constructed on that Jand.
- Malik Khalid Mahmood Advocate/Legal Advisor for Evacuee Trust Property Board has argued that this land was an evacuee trust property and now vests in the Evacuee Trust Property Board by virtue of Evacuee Trust Property Management and Disposal Act, 1975. Ilis argument is based upon the fact that this land originally belonged to Hindus and after their migration it would have vested in the Evacuee Trust Property Roard under the aforesaid Act without whose no objection the land cannot be transferred in the name of Education Department or the Government Inter College, Bhera. He has drawn the attention of this Court towards the provisions of section 8 of the aforesaid Act whereby it has been provided that in case a question arises whether an evacuee property is attached to a charitable, religious or educational trust or institution or not, It shall be decided by the Chairman whose decision called in question in any Court. Besides.he has pointed out that the Education Department has been corresponding with the Evacuee Trust Property Board for the purchase/transfer of this land for the Government Inter College, Thera. Therefore, this correspondence provides an estoppel for the Education Department to question the claim or authority of the Board over this piece of land. Ile has produced two letters bearing nos. SO(COLL)6-44/74 dated 15.12.1986 and 12/5-BP-87/6341 dated 18.9.1988 whereby it has been indicated that the Education Department was willing to purchase five acres of land for the Inter College, Bhera, from the Evacuee Trust Property Board, therefore, they cannot retract from their position now.
- I have heard the arguments of both the sides at length and the entire matter has been examined dating back to the year 1946 when this land was mutated in favour of Lakhmi Narain College, Bhera. As a matter of record this land measuring 90 kanals and 5 marlas was mutated in favour of Lakhmi Narain College, Bhera, on 21.12.1946. According to Section 2 sub-section 1 clause (d) of Evacuee Trust Property Management and Disposal Act, 1975 “evacuee trust property” means the evacuee trust properties attached to charitable, religious or educational trusts or institutions or any other properties which form part of the Trust Pool constituted under this Act. Section 8 of ibid provides that if a question arises whether an evacuee property is tached to a charitable, religious or educational trust or institution or not, it shall be decided by the Chairman whose decision shall be final and shall not be called in question in any Court. Besides. Diwan Bahadar Diwan Sita Ram had purchased this land in the year 1946 and the Auqaf Department cannot take any pecuniary advantage by again selling this land to the Education Department for the establishment of a College which amounts to ‘sheer disregard’ of the intention and objective of Diwan Bahadar Diwan Sita Ram. It is not appropriate that the Evacuee Trust Property Board is not handing over the possession of the site to the Education Department for the construction of Government Inter College, Bhera. As far as the correction of record is concerned, the land still
- exists in the name of Lakhmi Narain College, thera, and there is nothing which needs to be corrected in favour of Lakhmi Narain College, Bhera. However, after the grant of NOC by the Evacuee Trust Property Board, the land will be transferred in the name of the Government. Inter College, Bhera, through the Education Department which is a subsequent occasion.
- In view of the above, Chairman Evacuee Trust Property Board may kindly be requested to grant. NOC for the establishment of Government Inter College Bhera, at the above-said plece of land so that the wish of Diwan Bahadar Diwan Sit. Ram could be fulfilled for which the land was purchased and obtained by him.
Deputy Commissioner. Sargodha.
