Law: Displaced Persons (Land Settlement) Act, 1958

Section: 10 , 11

Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----Ss. 10 & 11---Allotment of land cancellation of---Land already allotted, could not be re-allotted to any other person including a Jammu and Kashmir claimant without first canceling such allotment through a legal course and proceedings. Rana Shaukat Ali Khan for Petitioner. S.M. Tayyab for Respondents Nos.4 to 7. Date of hearing: 9th May, 1990. JUDGMENT This writ petition has been filed by a person claiming to be a Jammu and Kashmir refugee on the grievance that land allotted. to him by the Deputy Rehabilitation Commissioner, Gujranwala, had been subsequently allotted to the respondents without first cancelling his earlier allotment of 1962. I have heard the learned counsel for the petitioner and the private respondents. The Naib Tehsildar Wazirabad, Abdul Rahim Ghumman, accompanied by Abdul Hamid, Patwari Ahmedpur, are present with the record. As per. Annexure `A', the petitioner was allegedly proposed an area of 63 Kanals comprising eight blocks and bearing Khasra numbers 2420, 484, 2423, 2533, 3238, 1866-Min, 1164 and 1167, in the year 1962, the varacity of which needs to be ascertained. However, this copy further shows that this order was confirmed in favour of Ilam Din son of Fateh Muhammad, petitioner, by Deputy Settlement Commissioner, Gujranwala Revenue Assistant. In respect of this area there is a discrepancy in so far as the proposal was with respect to Khasra No.3238, but in the confirmation the same is shown as 3438. Khasra No.3438 was allotted way back in 1954,to the East Punjab claimants displaced persons and thus was not available for allotment to the petitioner. Khasra No.3238, however, is a parcel of land bearing 1 Kanal 19 Marla and its classification is shown as "Ghair Maroosi Non-Muslim Area".     Khasra Nos.2420 and 2423, as per revenue record were allotted to Muhammad Siddique in the year 1954. Khasra No.1866-Min measuring 4 Kanals was allotted to Chanan, respondent No.7 at RL-11 Khata No.134 in the year 1954. Khasra No.2533, 11 Kanals (4 Marlas) was allotted on 18-6-1964 to respondent No.6, at RL-II, Khata No.96 of the same village, Mauza Ahmad Nagar…