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Fraudulent Land Allotment in Murree Brewery Estate Case Declared Void --- Lahore High Court

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Fraudulent Land Allotment in Murree Brewery Estate Case Declared Void --- Lahore High Court

Islamabad 01-07-2024: In a landmark decision, the Lahore High Court, Rawalpindi Bench, has nullified a previous judgment concerning the disputed land of the Murree Brewery Estate, exposing fraudulent activities and safeguarding public property worth billions of rupees.

The case [C.M. No.1160 of 2022] involved an application under Section 12(2) of the Civil Procedure Code (CPC) filed by the Chief Settlement Commissioner/Member (Judicial-V), Board of Revenue, Punjab. The application sought to challenge the validity of an earlier consolidated judgment dated 03-10-2000, which had allowed the allotment of the Murree Brewery Estate land to private respondents based on allegedly forged documents.

The Murree Brewery Estate, initially owned by Murree Brewery Company Limited, was sold in 1943 to M/S Kirpa Ram Brothers, who later converted the property into a hotel. Following the partition of the Indian subcontinent in 1947, the estate's buildings were extensively damaged or burnt. In 1960, a controversial land allocation was proposed for Nafisa Banu and Khan Abdul Shafi Khan Barqi, which was later confirmed by a Sub-Divisional Officer without proper authority. This allocation was canceled by the Chief Settlement Commissioner in 1963, leading to a protracted legal battle.

Upon a thorough review, the High Court found that the private respondents had never possessed the land and had obtained the judgment through fraudulent means, including forged RL-II documents. Official records did not corroborate their claims. The Court declared the judgment passed in year 2000 void and per incuriam, emphasizing that it was obtained by misleading the Court and suppressing facts.

In its ruling, the Court underscored the need for strict accountability of public officials and directed the Director General of the Anti-Corruption Establishment Punjab to investigate and proceed against all involved parties, including the private respondents and complicit officials.

This decision marks a significant victory in the fight against land fraud and reinforces the judiciary's role in protecting public property and upholding the rule of law.