Law:

Section:

(a) West Pakistan Border Area Regulations, 1959 [M. L. R. No.9]--- ----Reglns. 9 & 10---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Settlement Scheme No. VI---Constitution of Pakistan (1973), Art.199---Constitutional petition---Border Area Committee, powers of---Setting aside of transfer order---Land in question was transferred in favour of petitioner by Settlement Authorities, under Settlement Scheme No. VI, which order was declared illegal by Border Area Committee and the same was set aside---Validity---No power was envisaged by Regulations Nos.9 and 10 of West Pakistan Border Area Regulations, 1959, to interfere with or adjudicate upon any order passed by Deputy Settlement Commissioner under the provisions of Displaced Persons (Compensation and Rehabilitation) Act, 1958---If an allotment / transfer was made by a particular authority under a particular provisions of law, then the machinery provided in that law for enforcing remedy against such order had to be adopted---Border Area Committee, which was a Provincial Authority had no jurisdiction itself to adjudicate upon a matter and cancel the transfer order passed by Settlement Authorities under the provisions of Displaced Persons (Compensation and Rehabilitation) Act, 1958, therefore, it had no power to declare as illegal an allotment of a property made by Settlement Authorities---If Border Area Committee considered itself aggrieved of the correctness and authenticity of transfer made in favour of petitioner, it had to have recourse to a court of law for getting the decision---High Court, in exercise of constitutional jurisdiction, declined to give protection to order passed by Border Area Committee, whereby transfer order made by Settlement Authorities was set aside, as the same had exceeded the limits prescribed by West Pakistan Border Area Regulation, 1959---Order passed by Border Area Committee was passed illegally and was without lawful authority and the sane was set aside---Petition was dismissed in circumstances. Province of Punjab and others v. Member Colonies, Board of Revenue, Punjab and others 1986 SCMR 529 distinguished. (b) Constitution of Pakistan (1973)---…