Law: Displaced Persons (Land Settlement) Act, 1958

Section: 10

Law: Constitution of Pakistan, 1973

Section: 199

Displaced Persons (Land Settlement) Act (XLVII of 1958)--   --S.10--Constitution of Pakistan (1973), Art.199--Leave to appeal-­Allotment of evacuee land--Leave to appeal granted to Provincial Government to examine contention that in accordance with earlier orders of High Court, Settlement Commissioner was required to determine entitlement of respondents and no such exercise having been carried out, it was not open to High Court to give a direction that land in dispute be confirmed in favour of respondents as they were yet to show that they had an unsatisfied claim which had been transferred to a particular Chak and that they were temporary atlottees of disputed land and till said facts were established no order of confirmation could be made in their favour. ORDER SAAD SAOOD JAN, J.--The dispute between the parties relates to the land falling in Square No.38 of Chak No.224/R.B. in the vicinity of Faisalabad City. It was evacuee property. For the purpose of expansion of Faisalabad City, the Provincial Government exchanged the land in dispute together with some other area with certain State land. As a result the land in dispute ceased to be a part of the compensation pool. The respondents who claimed to be temporary allottees of the land in dispute, filed a writ petition in the High Court. During the pendency of the writ petition, the Assistant Advocate-General made a concession that even though the land in dispute was no longer evacuee property, the Provincial Government was willing to permit it to be confirmed in favour of the respondents in accordance with the relevant law and the Scheme applicable so as to avoid dislocation of the genuine claimants This concession was accepted by the…

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