Law: Constitution of Pakistan, 1973

Section: 199

Law: West Pakistan Border Area Regulation (MLR 9 of 1959)

Section: 13(a),Sched.,cl.(4)

(a) Maxim---"Nemo debet esse judex in propria sua causa" (No man to be his own judge and litigant)--Where the judge has interest in the result of a cause, he cannot sit in upon it--Where a person was an interested party, being an applicant for the allotment of land, his association in the allotment committee and participation in decision making, disqualified him to be member/Chairman of that Committee for the purpose of deciding his own application--Such person thus cannot be permitted to take advantage of allotment made in his favour by Allotment Committee in which he participated.(b) West Pakistan Border Area Regulation, 1959 [M.L.R.9]-----Para.13(a) & Sched., cl. (4)--Allotment of evacuee property in border area--Eligibility--Mode of allotment--Servicemen and ex-servicemen recommended by G . H . Q. are eligible to be considered for allotment in the light of provisions made in Border Area Allotment Regulation in conformity with objective standards laid down therein, on such terms and conditions as may be prescribed by the Government--No provision exists for automatic allotment to servicemen or ex-servicemen recommended by G.H.Q.--Border Area Allotment Committee is competent to allot only such evacuee property as has been surrendered or taken possession of under the Border Area Allotment Regulation.(c) Constitution of Pakistan (1973)-----Art.199--West Pakistan Border Area Regulation,19519 (M.L.R.9), para.13(a) & Sched. , cl.(4)--Constitutional jurisdiction--Locus standi to invoke--When the order impugned had not created any vested right in favour of the petitioner, he would have no locus standi to challenge such order.--[Locus standi].JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, is directed against the order dated 4-8-1975 of-Additional Settlement Commissioner (Lands), Kasur, whereby the and measuring 26 Kanals comprising Khasra No.6963/1, situated within the municipal limits of Kasur, was allotted to respondent No.l. 2. The brief facts of the case are that Khasra No.6963 situated within the urban area of Kasur, comprises of 57 Kanals of an evacuee garden. Out of this land, .s.i Kanals…