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The Grazing Land (Charagah) cannot be allotted under Lambardari Grant --- Supreme Court of Pakistan

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The Grazing Land (Charagah) cannot be allotted under Lambardari Grant --- Supreme Court of Pakistan

Islamabad 10-01-2025: The Supreme Court of Pakistan, in a landmark decision, has ruled against the allotment of charagah land (grazing land) under the lambardari grant, emphasizing the communal nature of such land and its distinction from state land.

The judgment arose from a dispute regarding the allotment of 140 Kanals and 18 Marlas of charagah land to a lambardar in Chak No. 23, Tehsil Malikwal, District Mandi Baha-ud-Din. The Court overturned a decision by the Lahore High Court, which had upheld the allotment.

The Court underscored that charagah land is communal property meant for grazing and other public purposes. It cannot be treated as state land, which is owned and controlled by the government for revenue purposes.

The Court ruled that any conversion, allotment, or lease of charagah land requires explicit permission from the BOR, which was absent in this case.

The Court highlighted that several notifications, including those issued in 2001 and 2013, expressly prohibit the grant of proprietary rights or long-term leases over charagah land.

The Court held that the allotment of charagah land to the Respondent, a lambardar, under the Notification of 2006 was invalid as the notification applies only to state land.

Charagah land has historically been reserved as a communal resource for grazing and other collective village needs. Over time, several notifications and policies were issued to safeguard its communal character and prevent misuse. The Court reaffirmed the distinction between charagah land and state land, rejecting the Respondent’s claim that both are interchangeable.

The decision reinforces the legal safeguards around charagah land, ensuring its preservation for communal use. It also sets a precedent for future disputes involving the misuse or misclassification of such land.

The Supreme Court of Pakistan converted the petitions into appeals, allowed them, and set aside the High Court’s impugned order. The allotment was declared invalid, and the land was directed to revert to its original communal purpose.

This judgment is a significant step in preserving communal resources and upholding legal principles governing public land in Pakistan.