Case Details

Citation(s)
1959 SLG 17 1959 SLD 17 1959 PLD 130
Lahore High Court
Writ Petition No. 486 of 1957, decision Date : 27th November, 1958. Dates of hearing: 3 11 58, 24 11 58 and 27 11 58.
A. R. CHANGEZ, JUSTICE
Muhammad Sadiq for Petitioners. Ijaz Hussain for
Respondent (1). Maqbul Ahmad for Ijaz Hussain, on 24 11 58. M. A. Rahman, for 1jaz Hussain, on 27 11 58.

ALLAH DIA AND ANOTHER

VS

REHABILITATION COMMISSIONER (LANDS) WEST PAKISTAN AND OTHERS

Law:

Section:

Rehabilitation Resettlement Scheme, (Punjab Part I) [prescri¬bed by Rehabilitation Commissioner (Lands) under section "7 (1) of the Pakistan Rehabilitation Ordinance, (XIX of 1948), as amended by the Pakistan (Economic Rehabilitation) (Amendment) Ordinance XVI of 1949], Para. 4 (c) & Instruction No. 60 (6) of the Instructions for the Deputy Rehabilitation Commissioner issued by the Rehabilitation Commissioner (Lands) Instruction neither punitive in character nor in conflict with para. 4 (c) of the Scheme Instruction fully effective only when exact area to which claimant is entitled not determinable. Instruction No. 60 (6) of the Instructions for the Deputy Rehabilitation Commissioners (Lands) issued by the Rehabilitation Commissioner (Lands) under para. 23 of the Rehabilitation Resettlement Scheme, is intended. to cover only those cases in which, after a forgery has been detected in the revenue record relating to the estate of a particular claimant, it is not possible for the Rehabilitation Department to ascertain, without further inquiry, the exact area to which he is entitled, and it is only in those cases that a cancellation of the entire allotment is provided for by the instruction and that too till the revenue records in the Central Record Room are consulted and, the exact area of the claimant's entitlement is determined. The instruction is not, therefore, punitive in character and is not opposed to par a. 4 (c) of the Scheme, but is issued only with a view to giving an opportunity to the Rehabilitation Department to revise excess allotments. Therefore, where the excess area has been determin¬ed, the Rehabilitation Authorities cannot legally cancel the entire allotment. Abdul Haq and others v. Rehabilitation Authority, Writ Petition No. 399 of 1956 (unpublished) rel. THIS JUDGMENT DELIVERED BY: A. R. CHANGEZ, JUSTICE:---.--- The relevant facts giving rise to this writ petition are these: The two petitioners, who are sons of Muhammad Khan, are refugees from village Tawro, Tehsil Nooh, District Gurgaon. They settled in Chak Nos. 13/1 L, Tehsil Okara, District Montgomery, and go t their claim of 221 bighas of land registered there. They filed a claim form…
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