| Citation(s) |
|---|
| 1992 SLD 779 = 1992 CLC 441 |
Lahore High Court
Writ Petition No.4-R of 1978, decided on 20th August, 1991.
Presented By: Before MunirA. Shaikh, J
Muhammad Alamgir for Petitioner. Hamid Ali Mirza for
Respondent No.1. Ch. Muhammad Farooq for
Respondent No. 2. Sh. Anwar-ul-Haq for
Respondents Nos. 3 and 4.
Writ Petition No.4-R of 1978, decided on 20th August, 1991.
Presented By: Before MunirA. Shaikh, J
Muhammad Alamgir for Petitioner. Hamid Ali Mirza for
Respondent No.1. Ch. Muhammad Farooq for
Respondent No. 2. Sh. Anwar-ul-Haq for
Respondents Nos. 3 and 4.
Mst. RAZIA BEGUM---Petitioner
VERSUS
SETTLEMENT COMMISSIONER and others---Respondents
Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975
Section: 2(2)
Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S. 2 (2)---Constitution of Pakistan (1973), Art. 199---Registration and verification of claim---Petitioner not agitating matter at relevant time--Effect---Petitioner's claim was verified in terms of Produce Index Units and not in terms of quantity of land in terms of Kanals and Marlas---Entitlement of petitioner was calculated after giving benefit of Beshis, petitioner, therefore, could not claim Beshis once again---Petitioner having been allotted more land than his entitlement, excess land was cancelled from his name---Petitioner's claim, that calculation of units by Claim Authorities regarding his entitlement was not correctly done, could not be raised in Constitutional petition for Settlement Authorities were not vested with powers to review or amend orders passed by Claims Authorities regarding registration and verification of claims---Petitioner having not agitated such matter at relevant time could not agitate same in present proceedings---Order passed by Claims Authorities determining entitlement of petitioner had attained finality and same could not be re-agitated. Muhammad Alamgir for Petitioner. Hamid Ali Mirza for Respondent No.1. Ch. Muhammad Farooq for Respondent No. 2. Sh. Anwar-ul-Haq for Respondents Nos. 3 and 4. Date of hearing: 20th August, 1991. JUDGMENT This Constitutional petition calls in question order dated 17-11-1977 passed by Settlement Commissioner (Lands)/ Chief Settlement Commissioner, Punjab, Lahore. The facts forming the background of this case shortly stated are that the claim filed by the petitioner for his urban land left in India was verified in terms of P.I. Units to the tune of 2505 P.I. Units. Land measuring 4 Kanals equivalent to 41 P.I. Units was allotted in favour of the petitioner on 25-8-1961 at Khata No. 312 of R.L. II village Kot Lakhpat. He was also allotted land against Khata Nos. 373 and 389 on 26-4-1961 measuring 23 Kanals 10 Marlas which was equivalent to 230 P.I. Units. This was allotted in village Amar Sindhu. The petitioner also got allotment of land measuring 4 Kanals equivalent to 41 P.I.…