Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: 15(3)

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----S. 15(3)---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.3---Allotment of urban agricultural land in year 1963-64 by Settlement Authorities and issuance of PTO and PTD in petitioner's favour---Petitioner's application to Settlement Commissioner in year 1981 to cancel bogus allotment of same land in respondent's favour---Acceptance of such application by Settlement Commissioner while cancelling petitioner's allotment also for not being entitled to suit land for being a building site---Validity---Petitioner had obtained possession of suit land against his valid claim and had been enjoying usufruct and title over same since then---Suit land had never been available for allotment till repeal of Settlement Laws in the year 1975, and by then such matter had become final and could not be reopened---After repeal of Settlement Laws in the year 1975, Settlement Commissioner had no jurisdiction in year, 1981 to cancel petitioner's allotment particularly when neither suit land was available nor its validity was disputed or pending before him---Dispute pending before Settlement Commissioner was bogus allotment in favour of respondent, and after declaring same to be bogus, petitioner's allotment remained in tact---According to revenue record and Special Jambandi; suit land had never been a building site, rather on one Khasra number there existed a ghairmumkin khotha, while other Khasra number was ghairmuntkin chah, while remaining land was banjar gadeem---Ghairmumkin khotha normally existed over an agricultural land, while ghairnnunkin chap denoted an agricultural land and not a building site, while banjar gadeetn would refer to agricultural land not put to cultivation for some time---Parcel of suit land used for temporary stacking of logs and timber would not acquire status of a building site and loose that of an urban agricultural land---Impugned order was set aside in circumstances. Sufi Muhammad Din v. Additional Commissioner (Revenue) 1991 SCMR 905 rel. (b) Words and phrases--- ----Banjar Qadeem"---Meaning---Banjar Qadeem always refers to agricultural land not put to…

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