Law: Displaced Persons (Land Settlement) Act, 1958

Section: 10,11

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975

Section: 2

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)--   ---Ss.10 11--Constitution of Pakistan (1973), Art.185(3)--Leave to appeal was granted to examine validity of impugned of High Court vis-a-vis law and facts whereby order of remand made by Settlement Revisional Authority setting aside allotment in favour of respondents was annulled.   (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)--   ---Ss.10 11--Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.2--Allotment of land--Appellants were in occupation of land in dispute at all relevant times, particularly before 1970 when it was allotted to respondents--Appellants were not afforded opportunity of hearing although they had been making applications for transfer of land in dispute in various forms submitted by them even before its allotment to respondents--Order of transfer of land in favour of respondents without disposal of forms and without hearing appellants, held, could not be sustained either on ground of legality or propriety--Appellants, if afforoed opportunity of hearing, were well within their right to object to allotment made to respondents and at same time to seek transfer in their own favour as they had good prima facie case in the sense that they were occupants of land and had built structures thereon and respondents were outsiders—Impugned order of High Court set aside and case remanded to officer concerned for decision in the light of law discussed.   Ch. Altaf Hussain and others v. The .Chief Settlement Commissioner, Pakistan, Lahore and 2 others P L D 1965 S C 68 and Begum B.H. Sayed v: Afzal Jahan Begum and another P L D 1966 (W.P.) Lah. 967 rel. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.--This appeal through leave of the Court is directed against Judgment, dated 25-7-1974 of the Lahore High Court; whereby a Constitutional Petition filed by the respondents side, which had arisen out of a displaced persons (land) settlement matter, was allowed and an order of remand passed by a Settlement Revisional Authority was set aside. 2. The appellants claimed to have built houses on the land in dispute and, although some of them were claimants and…

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