Law:

Section:

Rehabilitation and Resettlement Scheme (Punjab)---Paras. 20 (I) (a), (2) & 52 read with Memo. No. 12411-54-9303-R (L) dated 4-11-1954-Reservation of land for allotment-Contended that disputed land having been reserved in favour of appellant's predecessors ­in interest from a prior date and order of reservation having not been recalled, land could not be proposed in respondent's name Re. Id Contention could be true if order of reservation were competently made-Para. 52 of Scheme did not empower authority to reserve land pending adjudication on application-Rehabilitation authority could reserve an area equal to three-fourths of area claimed in case of unverified claims but such power taken away by sub para. (2) Of Para. 20 in respect of new claims registered after Ist October, 1951­Allotment could not be made in favour of a new claimant unless sufficient area reserved for old claimants of village---Reservation made in favour of appellant's predecessors-in-interest in consequence not covered by para. 20 Reservation in pursuance of instructions con­tained in memo. No. 12411 dated 4-I 1-1954 could be made only after 4-11-1954 and not before as in case in hand, reservation accordingly not made competently. S. Sharif Ahmad Hashmi v. Chairman, Screening Committee, Lahore 1978 S C M R 367 Mst. Khurshid Begum v. Settlement Commissioner (Lands). Sargodha 1973 S C M R 16 ; Barkat Ali v. Settlemen, Commissioner (Land), Sargodha P L D 1973 Lah. 128 and Muhammad Arab and others v. Nizam Din and others Civil Petition No. 239 of 1964 ref. JUDGMENT M. S. H. QURESHI, J. -This appeal, by special leave, brought by the legal representatives of Mst. Zainab Bibi and her husband Noor Din, is directed against the judgment dated 8-6-1966 of a Division Bench of the Lahore High Court allowing L. P. A. No. 54 of 195) of respondents Basbir Ahmed and Shakoor Ahmad and restoring the order o1 the Assistant Rehabili­tation Commissioner dated 27-3-1955 confirming the allotment of the land in dispute in their (respondents) favour. 2. The disputed land comprises Khasra Nos. 201J2/2 and 1632/116-117- 118 measuring 5 kanals, 17 marlas and 15 kanals, 3 marlas respectively and situate in village…

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