Law:

Section:

Transfer of Evacuee Land (Katchi Abadis) Ordinance (XX of 1972)--- ----S.2 (1)---Constitution of Pakistan, (1973), Art. 199---Scheme for Disposal of Evacuee Land in Katchi Abadi, para. 3 (2)---Notification No.POL-72/739 (4), dated 24th June 1972, declaring land as Katchi Abadi---Validity---Land in question being owned by petitioner was not available to be declared as Katchi Abadi---No prior notice was given to petitioner before issuance of impugned notification---Notification in question was struck down being illegal, without lawful authority and of no legal effect qua the land in question. JUDGMENT The petitioners are owners of land measuring 16 Kanals and 10 Marlas in village Kot Lakhpat, Tehsil and District Lahore, as is clear from copy of Jamabandi for the year 1967-68 Annexure-B of this writ petition. Vide . Notification No. POL-72/739 (4), dated 24th of June, 1972, the aforementioned land bearing Khasra No.850 alongwith certain other land property was notified as 'a Katchi Abadi under subsection (1) of section 2 of the Transfer of Evacuee Land (Katchi Abadis) Ordinance, 1972 (No.XX of 1972) and provisions of sub-clause (2) of caluse (3) of the Scheme for Dispogal of Evaucee Land in Katchi Abadi. 2. The petitioner -has challenged the legality and validity of the said Notification through this Constitutional petition. Learned counsel for the petitioner has argued that the land referred to above is owned and possessed by him, therefore, is not available for being declared as a Katchi Abadi further before declaring the land referred to above as a Katchi Abadi, the petitioner was not given opportunity of hearing. Learned counsel has further relied upon a…

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