Case Details

Citation(s)
1975 SLG 3138 = 1975 SLD 3138 = 1975 PLD 169
Lahore High Court
Writ Petition No. 2286-R of 1962, decided on 28th June 1963.
Presented By: Mushtaq Hussain, J
Muhammad Hasan for Petitioners. Ahmad Hasan Khan for
Respondent No. 1. Nemo for the Remaining
Respondents.

NIAZ AHMAD AND 20 OTHERS-Applicants

VERSUS

Mst. KHUDEJA BEGUM AND 5 OTHERS-Respondents

Law:

Section:

(a) West Pakistan Rehabilitation Settlement Scheme, 1957 Para, 68 read with Scrutiny of Claims (Evacuee Property) Regula tion, 1961 (M. L. R. No. 89), para. 8-Surrender and repurchase of surrendered land-"Allotment" and not "confirmed" or "final allot ment"-Only condition precedent for surrendering or repurchasing surrendered land. Preliminary allotment had been made in favour of respondent years before and the only condition precedent for surrendering or repurchasing the surrendered land under Martial Law Regulation No. 89 was allotment and not confirmed or final allotment. (b) Scrutiny of Claims (Evacuee Property) Regulation, 1960 (M. L. R. 84) Para. 4 read with Chief Settlement and Rehabilitation Commis sioner's letter dated 28-3-1961 (re : allotment of land etc. on basis of entitlement certificates in forms QPR & URV)-Only further allot ments banned by Chief Settlement Commissioner-Allotments already made even though preliminary- Cancellation of such allotments not .contemplated. Only further allotments of land on the basis of entitlement certificates issued before Regulation No. 84 came into force, has been stopped by the Chief Settlement Commissioner. The circular, however, did not even remotely suggest that allotments that had already been made were to be cancelled. Dates of hearing : 14th and 19th February 1963.                                                                                                                            JUDGMENT        Mst. Khadija Begum, respondent No. 1, a displaced person from the non-agreed area, received an entitlement certificate in form QPR-V for a total of 19,814 units under clause 2 (a) of the Supplementary Rural Scheme. Allotment of agricultural land equal to 9,26 units was confirmed in her favour on the 30th of November 1960, in Khata No. 756…
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