Law:

Section:

Constitution of Pakistan (1973)----Art. 185(3)--Displaced Persons (Land Settlement) Act (XLVII of 1958), S.2(3)(b)--Declaration of agricultural land as potential building site-­Appeal to Settlement Commissioner against implemention of declaration by Chief Settlement Commissioner not competent--While giving effect to such order, no right of appeal could accrue muchless an appeal to a subordinate functionary having no statutory power to entertain and dispose of such an appeal--High Courts order holding that Settlement Commissioner could not sit as appellate authority over final determination of matter by Chief Settlement Commissioner, maintained--Leave to appeal refused. Syed Iftikhar Ahmad, Advocate Supreme Court and Sh. Abdul Karim, Advocate-on-Record for Petitioner. ORDER SHAFIUR RAHMAN, J.--The petitioner an allottee of urban agricultural land, seeks leave to appeal against the judgment of the Lahore High Court dated 18-5-1976 whereby the allotment of Khasra No.73 measuring 4 Kanals 19 Marlas in the urban area of Multan ordered by the Settlement Commissioner on 28-9-1970, was held to be without lawful authority. 2. The petitioner received allotment of urban agricultural land measuring 30 Kanals on 29-10-1957. The land in dispute formed a part of that allotment. It was proposed to him under Settlement Scheme No.11 on 10-2-1960. However, it was not confirmed to him on the ground that in the meantime a declaration under section 2(3), clause (b) of it being potential building site was made, under Displaced Persons (Land Settlement) Act. The petitioner went in appeal to the Chief Settlement Commissioner against such a declaration but the Chief Settlement Commissioner maintained the declaration by his order, dated 19-7-1963. Consequently effect was given to the order of the Chief Settlement Commissioner, dated 19-7-1963 by striking off the proposal of this land made in favour of the petitioner. This happened on 4th November, 1969. The petitioner felt aggrieved by it and filed an appeal to the Settlement Commissioner who accepted it and allowed the necessary exemption from the declaration of it as a potential building site, directing that it be confirmed to him as…

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