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

Section: 10(a)

West Pakistan Border Area Regulation (MLR No. 9 of 1959) S. 10(a) [as amended vide (Punjab Amendment) Ordinance (III of 1981)]---Border area dispute---Term undesirable persons ---Determination---Petitioners were buyers of land in question falling within border area, which was sold to them by legal heirs of original allottees---Border Area Committee cancelled the mutations in their names on the plea that the sale was made without NOC---Validity---Policy behind requiring an NOC for sale or transfer of land in border areas is to prevent individuals who could pose a threat to the security and integrity of border region from acquiring property---Initially land was transferred to General Head Quarters(G.H.Q.)subject to payment of price to be settled later on by G.H.Q.---Then it was decided subsequently, that allottees themselves would pay the price---Until transfer of price, i.e. the consideration was paid, the title did not pass from the seller to the transferee---When the allottee paid transfer price which was accepted by seller i.e. the Provincial Government and the latter executed registered deed for transfer of proprietary rights and mutation sanctioned on the strength of registered deed, the allottee had acquired title from the owner and nobody else could object thereto except for the owner, that was the Provincial Government---Nobody else, including the Border Area Committee, had jurisdiction or authority to intermeddle in the rights of petitioners---High Court set aside order of Border Area Committee as the same was not sustainable in the eyes of law and was ultra vires, coram non judice and void---High Court remanded the matter to Border Area Committee for decision afresh---High Court directed Border Area Committee to conduct thorough inquiry to ascertain whether petitioners fell within the category of undesirable persons and the inquiry should be based on evidence and should take into account petitioners character, activities, and any security-related concerns that could arise from their acquisition of land in the border area---High Court further directed that if Border Area Committee would determine that petitioners were undesirable persons , then…