Law: Displaced Persons (Land Settlement) Act, 1958

Section: 10,11

Law: Transfer of Property Act, 1882

Section: 41

Law: Constitution of Pakistan, 1973

Section: 199

Displaced Persons (Land Settlement) Act, 1958-- ----Ss. 10 11--Transfer of Property Act, (IV of 1882), S. 41--Constitution of Pakistan, 1973, Art. 199--Agricultural land--Consolidation proceedings--Cancellation of mutations and allotments as well by board of revenue--Sale of state land through private treaty--Land in question purely a building site notified by Chief Settlement Commissioner--Fraud and misrepresentation vitiates for obtaining claim as well as allotment of land--Validity--High Court found that genuineness or otherwise of claim and allotment of evacuee land to petitioner's predecessors were initially in dispute--It revealed that allotment of petitioner's predecessors brought on record on basis of RL-II Khata No 2 through a consent decree but there is not order passed by competent authority to incorporate alleged allotment in revenue record--Disputed mutation was entered in revenue record after repeal of settlement laws in 1974, moreover, in Register of RL-II, name of claimant is also not available, which leads to an irresistible conclusion that claim of petitioner's predecessors was absolutely bogus and non existent in revenue record--Chief Settlement Commissioner notified urban limits of Lahore as building site and same stood excluded from constitute compensation pool, as such, disputed land is purely a building site, therefore, same was not available for allotment against outstanding verified claims and any mischief played in contravention of law deserved immediate reversal--Petitioner's predecessor committed a glaring fraud and misrepresentation in obtaining fraudulent claim as well as allotment which gathers no sanctity in eyes of law being voidab initio and non existent--Chief Settlement Commissioner after repeal of At 1975 is not competent to conceive any fanciful procedure at his own whim and caprice to doled valuable state land upon cherished person through any private treaty rather is under strict obligation to be loyal to benefit of state and show extra ordinary care and caution while dealing with disposal of state assets and also to protect and preserve state assets from clutches of fraudulent vultures--Moreover, there is no provision in…

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