| Citation(s) |
|---|
| 2018 SLG 2881 2018 SLD 2881 2018 PLJ 1094 |
W.Ps. No. 37-R, 38-R & 80-R of 2016, decision & hearing Dated: 26.02.2018.
CH. MUHAMMAD IQBAL, JUSTICE
Petitioner(s) by: Hafiz Muhammad Yusuf, Advocate (in W.P. No. 37-R of 2016). Mr. Muhammad Shahzad Shaukat, Advocate (in W.P. No. 80-R/2016).
Respondent(s) by: Mian Swad Hanif, Advocate (in W.P. No. 37-R of 2016). Mr. Muhammad Omer Malik, Muhammad Anwar Khan and Rohail Asghar, Advocates (in W.P. No. 37-R of 2016). Hafiz Muhammad Yusuf, Advocate (in W.P. No. 38-R/2016). Mr. Mian Swad Hanif and Rohail Asghar, Advocates (in W.P. No. 38-R/2016). Mr. Khalid Ishaq, Advocate/Vice-Counsel (in W.P. No. 38-R/2016). Mian Swad Hanif, Advocate (W.P. No. 80-R of 2016). Mr. Khalid Ishaq, Advocate/Vice-Counsel (in W.P. No. 80-R of 2016). Mr. Muhammad Omer Malik and Muhammad Anwar Khan, Advocates No. 11 & 12 (in W.P. No. 80-R of 2016). Sheikh Usman Karim-ud-Din, Advocate (in C.M. No. 4-C/2016)
PROVINCE OF PUNJAB THROUGH MEMBER JUDICIALV/CHIEF SETTLEMENT COMMISSIONER PUNJAB, BOARD OF REVENUE, LAHORE
VS
NOTIFIED OFFICER, LAHORE ETC.
Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975
Section: 2(2)
Law: Constitution of Pakistan, 1973
Section: 199
Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975 (XIV of 1975)-- ----S. 2(2)--Displaced persons (Land Settlement) Act, 1975, S. 3--Allotment of land--Mukbari--Allotment was cancelled and allotted to Mukbar by notified officer--Robkar for implementation--Bogus--Challenged--Validity of--Order passed notified officer--Evacuee Law for allotment of alternate land--Territorial jurisdiction--Notified officer was not competent to allot land situated within Municipal limit--Validity--Admittedly, vide notification dated 16.05.1973, all available urban agricultural land in district Lahore was declared as building site which land could not be allotted against any pending evacuee claim, since issuance of above notification whereas after Repealing Act 1975 there exists no agricultural urban land in Lahore for any allotment or adjustment against unsatisfied claims of produce index units and claimants holding any unsatisfied entitlement pending PIUs may seek any other remedy if available under law, whereas they stood disentitled to obtain allotment of urban land in satisfaction of pending units or get alternate allotment of land--Further, in Notification dated 16.05.1973, competent authority declared evacuee properties as "building sites'' and it cannot be allotted against rural claims rather it can only be disposed of under Scheme for Management and Disposal of Available Urban Land, 1977, whereas informers (Mukhbars) right does not stand anywhere in said Scheme, as such, impugned order of allotment dated 24.04.1991 passed by former Chief Settlement Commissioner is also against parameters laid down in Scheme--So far as petitioners of Writ Petition No. 80-R/20 16 is concerned who claims to be illegal occupants over property measuring 06-Kanals including Khasra No. l137 and 1161 and they are entitled to purchase said property under Scheme 1977 made under Section 3 of Repealing Act, 1975 suffice it to say in this regard that legislature in Section 3 of Evacuee Property & Displaced Persons Laws (Repeal) Act, 1975 introduced that Provincial Government in consultation with federal Government should make a Scheme for Disposal of Urban as well as Rural Properties and…
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