Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- -- Sched., Part IV - Industrial concern - Brick-kiln situated in midst of 27 acres of land-Brick-kiln covering only about 31/2 acres of land --Whole 27 acres of land could not be treated as industrial concern and transferred as such merely because earth was extracted from land adjoining kiln for making bricks-31 acres over which kiln stood could however be treated as industrial concern and transferred as such-Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 2(3). Syed Shaukat Hussain Alavi v. K. B. Dr. Yar Muhammad Khan P L D 1974 S C 276 and Ghulam Hussain and others v. Khan Mukarab Khan and others 1974 S C M R 365 considered. New Settlement Manual, p. 545 ref. JUDGMENT HAMOODUR RAHMAN, C.J.--The dispute in this case relates to the transfer of an evacuee property consisting of 27 acres in the vicinity of Quetta Town. In these 27 acres, comprised in Khasra Nos. 153, (154 anti 155, there was also situated a brick-kiln and a well. This kiln was allotted to one, Taj Mohammad, the predecessor-in interest of the petitioners in Petition No. K-252 of 1974, and respondents Nos. 1 to 5 in Petition No. 9-R of 1975, in the year 1950. Along with the said Taj Mohammad, there were three other co-partners, who were also beneficiaries of this allotment. Thereafter, on the 30th September, 1958, the, Assistant Rehabilitation Commissioner, Quetta, allotted 59 acres of agricultural land to one, Abdul Hakim Patel, the petitioner in Petition No. 9-R of 175 and respondent in Petition No. K-252 of 1974. This land included the disputed 27 acres in Khasra'Nos..153, 154 and 155. On 11th November, 1959, when Settlement :rations started, Taj Muhammad was given a Pa T. O. in respect of the brick-kiln as an Industrial concern together with the 27 acres of land. Thereafter, on 31st August, 1961, Taj Muhammad applied to the Additional Settlement Commissioner for excluding this area from the category of agricultural laud liable to be disposed of under the Land Settlement Act and an order to that effect was passed in his favour on the 4th July 1962. Abdul Hakim Patel went in revision to the Settlement…

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