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---Allotment of land in dispute made in favour of claimant prior to 27-2-1965, would hold good and would be subject to no exception. Province of Punjab through Secretary, Forestry and Wildlife, Lahore v. Muhammad Mahmood Shah and others CA. No.307 of 1981 ref. Ch. Muzammal Khan for Petitioners. M.Z. Khalil for Respondents Nos.l and 2. Rashid Malik for Respondent No.3. Respondent No. 4: Ex parte. Date of hearing: 27th February, 1991. JUDGMENT The dispute in this case relates to land measuring 174 kanals 1 marla situate in village Lalewali, Tehsil Pasrur, District Sialkot. This land was an evacuee property in possession of the Forest Department, It was allotted to Shukar Din respondent on 31-10-1964 who alienated the same to the petitioners. Some claimants residents of the aforesaid village assailed the allotment of land in favour of Shukar Din respondent in appeal before the Additional Settlement Commissioner but the same was dismissed on 15-1-1968. They preferred revision petition against the aforesaid order but that too failed before the Settlement Commissioner on 10-7-1968. Afterwards respondent No.3 moved application under sections 10/11 of the Displaced Persons (Land Settlement) Act, 1958 on the ground that the land in question was on lease with the Forest Department for a period of 20 years and was not allotable. The Settlement Commissioner presumably exercising the power of Chief Settlement Commissioner vide order dated 25-3-1972 proceeded ex-parte and cancelled the allotment of land made in favour of Shukar Din respondent. The petitioners being vendees of the land in question filed appeal against the aforementioned order which was dismissed by the Settlement Commissioner on 30-3-1980.   Aggrieved by that order the petitioners filed W.P.No.655-R/80 which was disposed of vide order dated 13-2-1983 with the observation that the petitioners if have any grievance…