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---"Proposal"---Meaning and scope---Land in dispute initially was proposed for allotment to respondents, but later on proposal in their favour was recalled and land was proposed for settlement to petitioners---Matter for settlement of land, had not proceeded beyond its mere proposal in favour of petitioners as order for confirmation of proposal was never passed---Proposal in itself was not equivalent to its confirmation or actual settlement of land contained in it and order for its confirmation was required to be made by competent Authority-- Proposal for allotment of evacuee land, gave rise to a right for its confirmation in accordance with settlement Laws---Unless proposal was knocked out in accordance with due process of law, it was liable to confirmation in favour of proposed allottee, but proposal for allotment of evacuee land, would not transfer ownership rights in favour of proposed allottee---Ownership rights would still vest in Central Government as successor to erstwhile evacuee owner whose rights it came to hold for its further transfer to displaced persons from India---Proposal for settlement of land in dispute having not invested petitioners with ownership rights in it, claim for ownership to land by petitioners, was untenable. Ayesha Begum and others v. Nibaran Chandra and others PLD 1963 Dacca 172 and Muhammad Yaqoob v. Muhammad Ishaque 1980 CLC 2056 ref. Zafar Pasha Chaudhry for Petitioners. Malik Muhammad Sadiq for Respondents. Date of hearing: 9th March, 1993. JUDGMENT   15 Kanals, 2 Marlas of land in Killa Nos.ll, 20/1 of Square No.41 at Chak No.397/GB in Tehsil Samundri was owned by non-Muslim evacuee. It was initially proposed for allotment to the respondents in the year 1952. On 10-5-1955, the proposal was recalled from their names on the ground of alleged transfer of units of their verified claim elsewhere. Thereupon, the land was proposed for settlement to the petitioners, on 27-6-1955. Against the cancellation order passed on 10-5-1955, an appeal was preferred by the affected party to Additional…