Law: Displaced Persons (Land Settlement) Act, 1958

Section: 10 , 11

  Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----Ss.10 & 11---Allotment of Urban Land as against rural units---Cancellation of such land---Validity---Settlement Commissioner could cancel the land under Ss. 10 & 11 of the Act XLVII of 1958, only if there was fraud or mis representation on the part of allottee---No evidence on record to show that petitioners ever committed any fraud or made representation in securing allotment of land in question---Allotting authorities knew that land in question, was urban and same was being allotted as against rural units of petitioner-- Settlement Commissioner subsequently could not have exercised his jurisdiction under Ss. 10 & 11 of the Act XLVII of 1958, to cancel the land in question---Order of cancellation of land in question was set aside in circumstances. Muhammad Rafiq Khan and Zafar Iqbal Chaudhry for Petitioners. . Muhammad Aqil Chughtai and Ch. Muhammad Iqbal Vehniwal for Respondents . Date of hearing: on 7th September, 1992. JUDGMENT The dispute relates to 44 Kanals urban land situate in Shorkot Shamali, Tehsil Shorkot, District hang which was allotted to Nathay Khan petitioner No. 1 on 25-12-1951. He has since died and his legal representatives are being represented by M/s. Muhammad Rafiq Khan and Zafar lqbal Chaudhry Advocates. In pursuance of this allotment, Mutation No. 446 was sanctioned by the Assistant Commissioner-I in the name of the heirs of Nathay Khan on 18-5-1973. A consolidated Mukhbari application was filed against so many allottees including Mst. Ruqia Begum who was claiming the land in dispute. This Ruqia Begum has died and her legal heirs are represented by Ch. Muhammad Iqbal Vehniwal, Advocate. Mukhbari application of Ruqia Begum was split up. The Settlement Commissioner   exercising the powers of Chief Settlement Commissioner by his order dated 13-8-1978 cancelled the disputed land of 44 Kanals under sections 10 and 11 on the ground that this was an urban land and the same could not be allotted to Nathay Khan as against his rural units. While passing the impugned order the learned Settlement Commissioner observed as under:-- "From the perusal of the…