Law:

Section:

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----Ss. 10 & 11---Constitution of Pakistan (1973), Art. 199---Natural justice, principles of---Evacuee agricultural land---Maintenance grant of land in question in favour of respondent---Subsequent allotment of land in question in favour of petitioner---Settlement Commissioner setting aside subsequent allotment in favour of petitioner---Validity---Subsequent allotment of land in question, having been made without notice to respondent and without affording him opportunity of hearing, would render the same as totally null and void, being in defiance of principles of natural justice that nobody should be condemned unheard---Order passed by Settlement Commissioner in appeal, was eminently just and in consonance with law whereby he had set aside subsequent allotment in favour of petitioner---Question of limitation viz. that appeal by respondent was filed beyond period of limitation, would be of no help to petitioner in whose favour subsequent allotment order was passed, without notice to respondent, the first allottee---Question whether respondent was or was not a refugee from Occupied State of Jammu & Kashmir having not been raised before Settlement Authority, could not be allowed to be raised for the first time to Constitutional jurisdiction---Order of Settlement Authority passed in appeal. whereby subsequent allotment of land which had been previously allotted to respondent was cancelled, was upheld in Constitutional jurisdiction. Allah Lok and 2 others v. Sardar Irshadul Hassan and 7 others PLD 1982 Lah. 831 rel. (b) Constitution of Pakistan (1973)--- ----Art. 199---New plea raised for the first time in Constitutional jurisdiction---Effect---Such plea having not been raised in forums below could not be permitted to be raised for the first time in Constitutional jurisdiction. JUDGMENT The validity/propriety of the order of Settlement Commissioner (Land), Lahore dated 30-12-1976 is assailed in this Constitutional petition. 2. A few relevant facts for the disposal of this petition are; that Allah Rakha (herein respondent No.2) came from Occupied Jammu and Kashmir and was granted evacuee…

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