Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss.10 & 11--Land Settlement--Recalled excess area--Disposal--Leave granted to consider whether recalled excess area could not be transferred to petitioner instead of putting same to auction. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)-----Ss. 10 & 11--Land Settlement--Recalled excess area--Transfer of Entitlement to--Appellant in possession of vacant plot-Raised construction over it--Entitlement to vacant part in dispute-Case remanded to Deputy Settlement Commissioner--Entitlement of appellant to such portion rejected in violation of directions in remand order--Held, area in dispute should have been given to appellant as per directions of Additional Settlement Commissioner. A.R. Shaukat, Senior Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Appellant. Shahzad Jahangir, Advocate Supreme Court and Abdur Razzaq Advocate-on-Record (absent) for Respondent No. 1. Ch. Hafiz Ahmad, Advocate Supreme Court for late A. Karim, Advocate-on-Record for Respondent No. 2. Date of hearing: 8th October, 1984. JUDGMENT MIAN BURHANUDDIN KHAN, J.--This appeal is directed against the order of the Lahore High Court, dated 15-12-1976 passed in Writ Petition No. 1781/11 of 1976. Leave was granted by this Court per order, dated 28-3-1983 to consider the question whether the recalled excess area could not be transferred to the petitioner instead, of it being put to auction. 2. The appellant is stated to be in possession of open plot measuring about 6 ½ Marlas since prior to 20-12-1958. According to him, he raised pucca construction over the said plot. He submitted the Requisite Form for the transfer of the said property to him on the basis of his possession and subsequent construction over it. The adjacent plot measuring three Marlas situated opposite to Hindu Temple was put to auction was transferred to the highest bidder i.e. Nazir Hussain for Rs.860. This auction was confirmed on 2-8-1960. Application, dated 16-3-1973 was filed by respondent No. 2 Muhammad Siddique an associate of Nazir for demarcation of the said plot near Hindu Temple.…

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