Law: Displaced Persons (Land Settlement) Act, 1958

Section: 10

Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----S.10---Constitution of Pakistan (1973), Art. 199---Allotment of land against verified claim---Petitioner's allotment was cancelled on the report of Governor's Inspection Team---Validity---Land in question being evacuee, functionaries who could perform functions assigned to them under evacuee laws, being Deputy Settlement Commissioner/Additional Settlement Commissioner/Settlement Commissioner and Chief Settlement Commissioner, they alone could interfere when appropriate remedies were availed of, by aggrieved persons under relevant laws----Such course having not b--en adopted, cancellation of land on report of Governor's Inspection Team was not warranted---Respondent's counsel had also defended allotment on the ground that same was correctly made against verified claim in favour of petitioners and that he had no objection if impugned order for cancellation of same was set aside---Order in question whereby petitioner's allotment was set aside was declared to be without lawful authority and of no legal effect. Ahmad Khan v. Member (Consolidation), Board of Revenue and others P L D 1990 SC 1070 ref. Abdul Rahman Cheema for Petitioner. Sh. Mohammad Hanif and Rana M. Arshad Khan A.-G. (on Court's call) for the State. Date of hearing: 22nd April, 1991. JUDGMENT This order shall dispose of Writ Petition No.389/R-1980 (Karim Bakhsh v. The State through Additional Settlement Commissioner), Writ Petition No.390/R of 1990 (Muhammad Shafi and others v. The State through Additional Settlement Commissioner), Writ Petition No.391/R of 1990 (Rukana and Rulia (deceased) through Karim Bakhsh etc. v. The State) and Writ Petition No.441/R of 1980 (Rahim Bakhsh and others v. State through Additional Settlement Commissioner) together as common questions of law and facts arise in these matters.   2. Shortly stated, the facts are that land in dispute was allotted by the Settlement Authority in favour of the…