Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: 12

Constitution of Pakistan (1973)---Art. 185(3)--Displaced Persons (Land Settlement) Act (XLVII of 1958), S.12--Land allotted to claimant in excess of his entitlement--No fraud or misrepresentation involved--Allottee putting in considerable labour to bring land under cultivation--Chief Settlement Commissioner selling excess area to allottee--Order being equitable in circumstances, not open to interference in writ jurisdiction--Objection that Chief Settlement Commissioner had no power to sell land to allottee, not permitted to be raised for first time before Supreme Court--Leave to appeal refused. ORDER NASIM HASAN SHAH, J.-- This matter has come to this Court for the second time. On the first occasion, Civil Petition No. 320 of 1979 was disposed of by a Bench consisting of Mr. Justice S. Anwarul Haq, C.J. and Mr.Justice Mohammad Akram, as he then was. The facts and background is lucidly given in the said order which is reproduced below:- The dispute in this case concerns an area of evacuee agricultural land measuring 57 Kanals and 4 Marlas, situate in village Naurozepur in Tehsil Hafizabad of District Gujranwala. It was allotted to a claimant displaced person Ghulaman, predecessor-in-interest of respondents 1-3. On a Mukhbari application made by the petitioner Faiz Muhammad in 1963, the matter was examined by the Settlement authorities, and at last, by an order. made on the 16th of April, 1977, a Settlement Commissioner, exercising the powers of the Chief Settlement Commissioner under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958, held that an area of 57 Kanals 4 Marlas was in excess of the true entitlement of Ghulaman, but that the excess land had not been obtained by the allottee by fraud or misrepresentation, as it was a case of an incorrect calculation of his entitlement. He further observed that the allottee had put in lot of labour to bring this area under cultivation. Accordingly, he expressed the view that it was a fit case where the excess land ought to be sold to the allottee under section 12 of the Act, but as he did not possess the necessary power to dg so, he directed that the allottee should move the Chief Settlement…

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