Law:

Section:

Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949)---S. 12(3)(6) read with Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 4-Land acquired by Central Government before Notification under S. 4 of Act and thus not forming part of compensa­tion pool at relevant time-Held, could not be made subject-mater of allotment/settlement under Act-No grievance can be made against decision of High Court declaring such allotment as void and without lawful authority. ORDER MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal is sought from judg­ment dated 24th November, 1976, of the Lahore High Court, whereby four writ petitions filed by respondent No. 1, relating to the disposal of an evacuee property were allowed, declaring the allotments of the land in dispute to the petitioners as void, without lawful authority and of no legal effect. The property, it is not denied, is evacuee. The Central Government had, under section 12(3)(6) of the Pakistan (Administration of Evacuee Property) Ordinance, 1949 (XV of 1949), accorded sanction to the acquisition of the land fur respondent No. 1 on 26-5-1954. The proceedings for acquisi­tion, accordingly, resulted it a assessment of compensation with the Custodian of Evacuee Property Notwithstanding the said action of the Central Govern­ment and acquisition proceedings, the land in question was allotted to the predecessor-in-interest of the petitioners in 1961. This allotment which, accord­ing to the petitioners, had matured into settlement tinder the Displaced Persons (Land Settlement) Act XLVII of 1951, was set aside by the High Court through the impugned judgment, therefore, the petitioners have sought leave to appeal. Learned counsel has raised two-fold contentions, firstly, that the sanction for acquisition by the Central Government tinder the Pakistan (Administration of Evacuee Property) Ordinance, 1949, was subject to certain directions and because the said directions have not been carried out, therefore, the acquisition proceedings could not effect the petitioner's allotment/settlement; and, secondly, that the property had gone to the compensation pool for settlement of the displaced persons even before the Central…

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