Law:

Section:

Constitution of Pakistan (1973)----Art. 185(3)--West Pakistan Land Reforms Regulation, 1959 (M.L.R.64), paras. 16 & 19--Land Reforms Regulation, 1972 (M.L.R. 115) Para. 18--State land surrendered by grantee under West Pakistan Land Reforms Regulation, 1959 allotted to petitioners who were Mangla Dam displaced Persons--Subsequent order for its disposal under Land Reforms Policy under para. 18 of M.L.R. 115 of 1972 to eligible persons, challenged--Leave to appeal was granted inter alia to examine contentions that disputed land had reverted back to Government a, ­State land upon its surrender under M.L.R. 64 and same could not be treated as resumed land for purpose of paragraph 19 of M.L.R. 69 or paragraph 18 of M.L.R. 115; and that even otherwise land in dispute had remained unclaimed by tenants from 1959 to 1981, when it was disposed of to petitioners by sale as Mangla Dam displaced persons, and such sale having been regularised, petitioners could not be lawfully deprived of same as land was not available for transfer to tenants. Talib Din and others v . Chief Land Commissioner P L D 1984 S C 453 rel. ORDER S.A. NUSRAT, J.--The dispute in this case, relating to an area of 237 acres of land situate in Domewali, Taluka Kashmore, District Jacobabad, has arisen in the background of the following facts; 2. The petitioners, who are displaced persons from Mangla Dam were allotted 507 acres of State land alongwith some other persons in deh Domewali, Taluka Kashmore, District Jacobabad and were put in possession thereof on 18-3-1967. This land was earlier on lease with Mir Ali Bilawal Dombki who had surrendered the same to the Government under MLR-64. The dispute with regard to 270 acres of the said land was resolved in a meeting of the West Pakistan Land Commission held on 15th June, 1960 in the Governor House, Lahore when the sale pertaining to the same in favour of the Mangla Dam displaced persons at the rate of Rs.20 per unit was approved. However, no order was passed with regard to remaining 237 acres of land allotted to the petitioners. The Chief Land Commissioner, however, regularised the allotment in their favour by order dated 3-6-1982. It appears that the…

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