Law: Constitution of Pakistan, 1973

Section: 185(3)

Displaced Persons (Land Settlement) Act (XLVII of 1958)--S.10--Scrutiny of Claims (Evacuee Property) Regulation, 1961 [M.L.R.89]-­Constitution of Pakistan (1973), Art. 185(3)--Allotment of excess land--No order of assumption of such land having been made, allottee could not be asked to surrender the excess land--Contention that merely because allottee had not vet paid a single instalment towards purchase price of the land, no formal order-of assumption was required, repelled. Mirza Nazeer Ahmad, Advocate Supreme Court and Hamid Aslam Qureshi, Advocate-on-Record for Petitioners. Aslam Naqvi, Advocate Supreme Court (absent) for Respondents. Date of hearing: 30th August, 1988. ORDER SAAD SAOOD JAN, J.--Attaullah Khan, father of respondents Nos. 1 and 2, was a claimant from a non-agreed area. He was made an allotment equivalent to 8297 P.I units. Subsequently, on the promulgation of Martial Law Regulation No. 89 his allotment was reduced to 2693 P.I. units and thus he was made to surrender an area equivalent to 5734 P.I. units. He opted to purchase the surrendered area. He did not pay any instalment of the purchase price, for there were…

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