Why the Government Registered the Model Town Land Nineteen Years After Receiving Its Price (Episode 10)

According to historical and official records, the process of allotting land for the establishment of Model Town Lahore was long and gradual. In 1922, with the approval of Sir Edward Douglas Maclagan, Governor of Punjab, approximately two hundred acres of land were transferred to the Model Town Cooperative Society. This approval was granted under the decision of the Governor in Council, Punjab, and the official title of the file read “Alienation of Crown Land near Kot Lakhpat, Lahore District.”

Under this approval, the land price was fixed at Rs 400 per acre, equal to Rs 50 per kanal, as recorded in the files of that period. Most of this land lay within the forest and game reserve of Rakh Kot Lakhpat, which was then classified as Reserved Forest Land.

During the following two years, from 1923 to 1924, a design competition was held for the Society’s master plan, adopting the principles of the garden city movement. In 1924, the Society received formal registration under the Co operative Societies Act 1912, and by the end of the same year, plot allotments had begun.

In later years, the Society maintained continuous correspondence with the Departments of Revenue, Forests, Public Works, and Land Administration to expand its boundaries. Between 1925 and 1940, land was transferred to the Society in several stages until the total area reached 1,963 acres.

On 1 April 1941, a formal Transfer Deed was executed and signed by the Government of Punjab in favour of the Model Town Cooperative Society, granting it legal ownership of approximately 1,963 acres of land. On 25 April 1941, that historic day arrived when the document was formally registered and entered in the office of the Sub-Registrar Lahore. Thus, the process that began in June 1922 reached its conclusion on 25 April 1941 — a span of nearly eighteen years and ten months.

At this point, several questions naturally arise.

1. If the Society obtained two hundred acres of land in June 1922, why was its registration completed almost nineteen years later.

2. Did the Society not pay the full price to the government at once. If not, how were development works initiated in 1923 and plots sold in 1924 when the registration was completed only in 1941.

3. By law, no construction or commercial activity may begin before registration. Under what legal or administrative provision did the Society begin development, road construction, and plot sales nearly eighteen years before the title deed and mutation were in its name.

To answer these questions, it is necessary to consider the legal framework of that period.

When the Model Town Society applied to the government for land acquisition, two major laws were in force in British Punjab:

1. The Land Acquisition Act 1894

2. The Co operative Societies Act 1912

Under these laws, if a project served public welfare or social improvement, the government was authorised to grant Crown Land to a society or institution. However, such grants did not involve immediate registration of ownership. At first, the government provided possession known as hayazat, which meant that the land could be occupied and used for planning, development, and construction, but the recipient was not yet the legal owner.

This was exactly the case with Model Town. In June 1922, the Governor of Punjab approved the transfer of land to the Model Town Cooperative Society, and in 1923 the government handed over possession upon payment of a substantial sum. The Society then began excavation for roads, mapping of streets, and installation of water and drainage systems, along with the demarcation of plots.

The government had determined, however, that registration would not be completed until full payment was made and the plan formally approved. This is why the final registration took place later, in 1941. From 1923 onwards, the Society nevertheless enjoyed full rights to use the land, undertake construction, and sell or allot plots to its members. The legal foundation for this arrangement was hayazat.

In Islamic jurisprudence, hayazat means taking possession of something that has no owner. Whoever claims possession becomes its rightful owner — a principle expressed in the maxim man haza malaka. Examples include catching fish from a river, cutting grass from common pastures, collecting wood or fruit from a forest, or hunting in unclaimed land. These are all instances of permissible property that belongs to whoever first claims possession.

Yet a question remains. The land granted to the Model Town Society was legally part of the Crown Estate, owned by the British Government. Why, then, did the official documents use the Islamic term hayazat when recording possession.

To be continued in the next episode.

(This article is excerpted from my forthcoming book

The Birth of Model Town in Colonial Lahore (“برطانوی لاہور میں ماڈل ٹاؤن کا جنم”).

The book will soon be available through the Real Estate Think Tank and the web portal SyedShayan.com. A comprehensive documentary on the same subject is also in its final stage of production. Individuals or institutions wishing to share historical documents, research material, or photographic records are most welcome to contribute. Such material will be invaluable for scholarly reference and historical authenticity. Current or former residents of Model Town who wish to share their memories, photographs, or reflections for this historical book or documentary may contact

mail@syedshayan.com

Syed Shayan )