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

Section: 11,12

Law: Constitution of Pakistan, 1973

Section: 185(3)

  (a) Displaced Persons (Land Settlement) Act (XLVII of 1958)--   ---Ss.11 12--Constitution of Pakistan (1973), Art.185(3)--Land Settlement-- Cancellation of allotment on informers application-­Petitioners remaining in possession for long time after cancellation of allotment from their names--Plea raised that although law which conferred powers on Settlement Authorities to allot land to informers was retrospective but the retrospectivity in actual application could not be extended to remote past and cancellation of allotment having taken place more than two decades ago, had lost its efficacy by efflux of time--When the law is held to be retrospective, there can hardly be any justification for confining that retrospectivity to a limited time--Leave to appeal refused.   Nawaz v . Member, Board of Revenue P L D 1978 S C 266 and Nazir Ali v. Syed Shahzad Nazir and others 1981 SCMR 695 cited.   (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)--   ---Ss.11 12--Constitution of Pakistan (1973), Art. 185(3)--Land Settlement-- Cancellation of allotment on informers application-­Petitioners remaining in possession for long time after cancellation--Plea raised that land not having been resumed from petitioners name, the informers could not take any benefit out of the orders of cancellation passed against the petitioners--Held: Cancellation of petitioners allotment having been affirmed upto Supreme Court, there was no principle to deprive informers of the due benefits simply because Settlement Authorities failed to pass a technical consequential order with regard to resumption--Leave to appeal refused.   Nawaz v. Member, Board of Revenue P L D 1978 S C 266 and Nazir Ali v. Syed Shahzad Nazir and others 1981 SCMR 695 cited.   ORDER Leave to appeal has been sought in these two petitions from the judgments of the Lahore High Court dated 27-4-1986 and 7-6-1986; whereby the High Court declined to exercise Constitutional jurisdiction in favour of the petitioners so as to grant their prayer in two separate cases arising out of allotment and cancellation of rural agricultural land under the rural persons (Land Settlement) Laws. The…

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