Law:

Section:

(a) Constitution of Pakistan (1973)----- Art. 185(3)-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10-Transfer of plot as a "building site" to one party and subsequent order of transfer of same Khasra number as agricultural land-Leave to appeal granted to examine contention that land in dispute having been transferred in 1960 as a 'building site to petitioner and respondents or any body else for that matter not having agitated against such transfer, order became final and could not be re-opened after lapse of twelve years. (b)Displaced Persons (Land Settlement) Act (XLVII of 1958)- -- S. 2(3)(b)-Transfer of plot as a "building site" to one party and subsequent order of transfer of same Khasra number as agricultural land to another-Determination of question as to character of plot­ Delegation of powers by Chief Settlement Commissioner to Additional Settlement Commissioner to determine character of plots in towns having population of fifty thousand to one Transfer of plot after such determination to prevail and could not be set aside-No further enquiry necessary with regard to nature of disputed property and remand of case by High Court not justified in circumstances. Hasan Ahmad Khan Kanwar, Advocate Supreme Court, instructed by Syed Inayat Hussain, Advocate-on-Record (absent) for Appellant. Noor Elahi, Advocate, Supreme Court instructed by Maqbool Ahmad Qadri, Advocate-on-Record (absent) for Respondents Nos. 1 and 2. Ex parte for Respondents Nos. 3 and 4. Imtiaz Mukammad Khan, Advocate-on-Record for Respondents Nos. 5 to 9. Date of hearing: 16th June, 1984. JUDGMENT S. A. NUSRAT, J.-The appellant who is a displaced person was trans­ferred a plot Khasra Number 218/10/1/2 measuring 13 Marlas situated within the municipal limits of Pakpattan Town in Sahiwal District as a 'building site' under Settlement Scheme No. VI framed under the Displaced Persons (Compensation and Rehabilitation) Act, 1958 on 10-9-1960 by the Assistant Settlement Commissioner and a P. T. D. for the same was issued to him under the orders of the Deputy Settlement Commissioner on 26-5-1970. However, after twelve years on 9-8-1972, the same land was allotted to…

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