Law: Displaced Persons (Land Settlement) Act, 1958

Section: 10 , 11

  Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----Ss. 10 & 11---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S. 2(2)---Second Mukhbari---Competency---Earlier application was dismissed by Chief Settlement Commissioner after conducting thorough enquiry---Second Mukhbari application was dismissed by the Notified Officer exercising powers of Chief Settlement Commissioner, on the ground that no powers of review or revision were available to him---Validity---Earlier order was passed by Officer exercising power of Chief Settlement Commissioner; same was the status of the Notified Officer who had passed the order in question, therefore, he had no power of revision or review against the order passed by his predecessor. Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----Ss. 10 & 11---Death of claimant in December, 1947---Allotment in the name of heirs of claimant (respondents) was rightly made by Authority separately---Such allotment was not proved to be in excess of claim as per enquiry conducted by the Authority in earlier round of litigation---Petitioners were not competent to file second Mukhbari application for the same cause of action nor was there any justification, whatsoever, to re-open the whole case-- Respondents having been permanently settled on land in question, no case was made out to unsettle them without any rhyme or reason---Allotment made separately in favour of heirs of claimant who had died in 1947, was correct and in accordance with law. Dahla v. Settlement Commissioner (Lands) and others 1983 SCMR 1039 rel. Aminullah and 2 others v. Oalandar Khan and 4 others 1993 SCMR 2307 ref. Khan Khuda Dad Khan Barki for Petitioners. Hasnat Ahmad Khan for Respondents. Date of hearing: 1st December, 1993. JUDGMENT This Constitutional petition is directed against the order dated 2-10-1980 of the Additional Settlement Commissioner (Land), Punjab, Lahore refusing to cancel the allotments, in favour of the respondents, under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958. Briefly stated, at the instance of the Enforcement Staff, an enquiry was made into the allotments of the…