Law: National Accountability Ordinance, 1999

Section: Sched. 3

West Pakistan Border Area Regulation (MLR 9 of 1959)--- ----Sched. 3, Conditions Nos.9 & 11 [as amended by Punjab Amendment Ordinance (III of 1981)]---Scheme for Determination of Price, Terms and Conditions for the Allotment of Land under MLR 9 (1961), Paragraph 6---West Pakistan Land Revenue Act (XVII of 1967), S.42---Constitution of Pakistan, Arts.25 & 199---Constitutional petition---Border area land---Transfer---Arbitrary determination of rights---Mutation of inheritance---Requirement of "No Objection Certificate"---Dispute was with regard to transfer of land situated in Border area by military allottee and requirement of "No Objection Certificate" from General Head Quarter (GHQ)---All transfers in question were transfers to vendees from legal heirs of military allottees concluded in year, 1997 or before---Border Area Committee vide its order dated 23-12-2009, cancelled all transfers recorded from allottees for lack of "No Objection Certificate" from GHQ, which included cancellation of mutation of inheritance attested in year, 1987, recorded in favour of heirs of military allottee---Validity---Order passed by Border Area Committee was wrong because mutation of inheritance recorded transfer made by operation of law, which should be subject to limited scrutiny and not "No Objection Certificate"---As to subsequent transactions, consistency with GHQ practice would require that those concluded prior to year, 1997 should be granted ex post facto "No Objection Certificates"---For grave uncertainty on account of foregoing matters that resulted to members of public who had proprietary interest in land transferred by military allottees or their successors mandated that the same be cleared of all confusion and doubt about the law---State of ambiguity in Border Area Committee, GHQ and Revenue authorities policy and action led to arbitrariness in determination of rights affected by such law---Arbitrariness was a serious form of discrimination under Art.25 of the Constitution---High Court directed the Border Area Committee to intimate concerned competent authorities to frame rules and regulations that would formalize criteria for granting "No Objection…

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