Law: Constitution of Pakistan, 1962

Section: 98

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 19th January 1966, in Writ Petition No. 155 of 1966). Constitution of Pakistan (1962), Art. 98 read with West Pakistan Border Area Regulation, 1959 [Martial Law Regulation Zone B) No. 9] paras. 15 & 16-Bjjective orders in case re ported as P L D 1965 S C 623 passed when orders of Martial Law authorities including Border Area Committee were immune from judicial scrutiny under Martial Law Regulations promul gated before 7th June 1962--Such Regulations having been repealed on promulgation of Constitution (1962) and Art. 98 Incorporated fn such Constitution, High Court held, could judicially review acts done or proceeding taken by Border Area Committee and declare it without lawful authority notwithstanding ouster of its Jurisdiction under pares. 15 & 16 of Regulation. Date of hearing: 16th March 1970. JUDGMENT MUHAMMAD YAQUB ALI, J.-The facts on which this appeal proceeds are similar to the facts in Mehr Din and others v. Border Area Committee (Civil Appeal No. 64 of 1969), decided on 13th March 1970. The appellants are sitting allottees of evacuee land in Chak No. 92/6-R, Tehsil Fort Abbas, District Bahawalnagar. The Border Area Committee by order dated the 30th December 1965, cancelled the allotment in the view that under the Addendum to Martial Law Regulation 9, Zone B, dated the 5th November 1960, the allotments of all claimant dis placed persons in District Bahawalnagar were to be reduced to the area hold by them as temporary allottees. The appellants thereupon filed Writ Petition No. 155 of 1966 contending inter alia that the Border Area Committee had misconstrued the Addendum as its provisions were applicable to claimants who had registered their claims or got their claims transferred to the border belt before 17th March 1959, but had till then not succeeded in obtaining allotments against their verified claims. As the allotments in favour of the appellant were confirmed long before 5th November 1960, it was claimed that the Border Area Committee acted without lawful authority in reduc ing their allotments to the land held by them temporarily. The writ…