Law: Scrutiny of Claims (Evacuee Property) Regulation (C. M. L.A's.) No: 89

Section: 5

  Scrutiny of Claims (Evacuee Property) Regulation [C. M. L. A.'s No. 89 of1961]----Order passed under Regulation, even if erroneous or without lawful authority, immune from attack in any Court of law-Martial Law Regulation No. 88 [C. M. L. A.'s] para. 2 [as amended by Martial Law Regulation No. 93 (C. M. L. A-'s]-Constitution of Pakistan (1962), Arts. 98 & 225(3).   Civil Appeals Nos. K-10 and K-11 of 1962 (unreported) ref.   Scrutiny of Claims (Evacuee Property) Regulation [C. M. L. A.'s No. 89 of1961]------para. 5-Words "entitlement of every claimant"-Right of each claimant to be considered separately for issuing entitlement-Claims verified separately but for convenience sake Q. P. R. V issued to various claimants jointly Entitlement to issue separately on basis of claims verified in favour of each claimant-Issue of joint M. R. V-Not justified [Obiter].   Date of hearing : 11th October 1965.   JUDGMENT   WAHIDUDDIN AHMAD, J.-----This judgment will dispose of Writ Petitions Nos. 154, 496, 541 and 875 of 1962, 59 and 413 of 1963, 269 of 1964 and 457 of 1965 as common questions of law arise in them. These Writ Petitions have arisen in the following circumstances:----   The petitioners are claimant displaced persons and their claims were verified by the Claims Officers under Registration of Displaced Persons Claims Act, 1956, in respect of agricultural lands abandoned by them in India. Their claims were verified separately but, for convenience sake, Q. P. R. V, under the West Pakistan Rehabilitation Scheme, was issued jointly in their names. On 28th December 1960, Martial Law Regulation No. 84 was promulgated. Under para. 2 of the said Regulation, every claimant from non-agreed area was required to submit written statement giving true facts of his claim. Their claims were to be verified from the revenue records received from India. Later on, the Government of Pakistan changed the Policy. Accordingly on 23rd August 1961, Martial Law Regulation 89 was brought into force. The Scheme of this Regulation is that further verifica tion of the claims of claimants from non-agreed area was got rid off and,…