Law: West Pakistan Border Area Regulation (MLR 9 of 1959)

Section: 10 , 199

West Pakistan Border Area Regulation, 1959 (MLR No. 9)--- ----Para. 10---Constitution of Pakistan (1973), Art. 199---Cancellation of allotment---Validity---Allotment of land in question falling within border belt area having not been niade by Boarder Area Committee and being violative of Regulation was cancelled---Petitioners had purchased land in question, when in revenue record it stood entered in the name of their transferors-- Allotments in favour of original allottee was later on found to be illegal and ineffective in law---Order of cancellation of allotment having been passed in valid exercise of jurisdiction by the Border Area Committee, same could not be declared to have been passed without lawful authority. Muhammad Sharif v. Nawab Bibi and others 1986 SCMR 538 and Muhammad Rafique and others v. The Border Area Committee, Lahore and 10 others 1990 SCMR 817 ref. Ch. Qadir Bakhsh for Petitioners. Ch. Muhammad Rafiq Khan for Respondents. Date of hearing: 13th December, 1993. . JUDGMENT Muhammad Afzal and 40 others have fled this Constitution petition seeking declaration to the effect that the order dated 28-7-1971 passed by the Border Area Committee and the order dated 21-7-1985 refusing to review the said order, are illegal, having been passed without lawful authority and hence ineffective in law. The petitioners asserted that Mst. Noor Jehan widow of Sanobar Khan, a claimant displaced person was allotted an area measuring 55 Kanals 18 Marlas including field Nos. 6052, 6053 and 6057 measuring 22 Kanals 18 Marlas at Khata No. 15 of the Register RL-11 of village Kasur (Urban) Tehsil and District Kasur, against her verified claim. She sold out of the aforesaid field numbers land measuring 22 Kanals 18 Marlas in favour of   Mian Sohan Din, Jamal Din, Aziz Din and Abdul Hameed through registered sale-deed on 23-5-1967. The said sale was also given effect to in the revenue record vide Mutation No. 2239 dated 1-7-1967. The allotment obtained by Noor Jehan was challenged by Muhammad Latif in the Court of Additional Settlement and Rehabilitation Commissioner, but the proceedings so initiated remained unsuccessful as the said application was dismissed vide…