Case Details

Citation(s)
1981 SLG 330 1981 SLD 330 1981 SCMR 547
Supreme Court of Pakistan
Civil Petition for Special Lave to Appeal No. 946 of 1975, heard on 18-02-1981.(On petition against the order dated 9-7-1975 passed by the Lahore High Court in Writ Petition No. 1063-R-1975)
KARAM ELAHEE CHAUHAN AND MUSHTAQ HUSSAIN, JJ
Abdullah Khan, Advocate Supreme Court and Syed Wajid Hussain, Advocate-on-Record for Petitioner. Nemo for
Respondents.

GULZAR AHMED

VS

SETTLEMENT AND REHABILITATION COMMISSIONER (LANDS), PUNJAB AND others

Law:

Section:

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)---Ss. 10, 11 & 21-Allotment, cancellation of-Revision---Order passed by Additional Settlement Commissioner exercising powers of Chief Settlement Commissioner---Held, could not be set aside by Settlement Commissioner. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)- -- Ss. 10 & 11--Allotment, cancellation of-Additional Settlement Commissioner not holding respondents guilty of any fraud or misre­presentation in obtaining allotment but canceling allotment of excess land made in their favour due to some miscalculation--Additional Settlement Commissioner, held, acted rightly in canceling allotment of excess land and allowing respondents to purchase same in accordance with established Settlement Policy. ORDER MUSHTAQ HUSSAIN, J. The respondents were the allottees of land in dispute. On 18-12-1973 the petitioner laid information that the allotment had been obtained by fraud. An inquiry was held. Exercising powers of the Chief Settlement Commissioner, the Additional Settlement Commissioner by his order dated 12-4-1974 cancelled the allotment of the respondents but allowed them to purchase the same. 2. Gulzar filed a revision petition. By his order dated 31-5-1974 the Settlement Commissioner set the order of the Additional Settlement Commis­sioner aside. The other party, therefore, filed a writ petition which came up before the High Court and was accepted with…
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