Law:

Section:

Settlement Scheme No. IX--Para. 6---Constitution of Pakistan (1973), Art. 185---Disposal of residual property---Appellant having raised construction over property in question, applied for transfer of same under provisions of Settlement Scheme No. IX--­Other occupants of such property who were similarly circumstanced were allowed transfer of the portion over which they had raised construction, while portion in possession of appellant was not transferred to him---Validity--­Appellant's case being exactly the same as that of other transferees who had been granted relied by relevant authorities, appellant, too, was entitled to transfer of the portion of property which was in his possession and over which he had constructed his house---Authorities were directed to transfer constructed portion of property in question, in favour of appellant on terms and conditions which were applicable to such transfer/disposal of property. JUDGMENT ABDUL SHAKURUL SALAM, J: --This appeal by leave arises in the following circumstances:-- There is Ahata No.1171, Sialkot Cantt. The Deputy Settlement Commissioner vide order dated 25-10-1975 transferred certain, portions to some persons- including the appellant and Abdul Ghaffar etc. The remaining part of the Ahata being available was applied for transfer under Settlement Scheme No.IX known as Disposal of Residual Properties Scheme by various persons including the appellant as well as Abdul Ghaffar etc. on the ground that they had raised construction on the premises and were in possession. On the application of the appellant a report was called for and the Settlement Inspector reported as regards the appellant that "he is in possession of five rooms and a kitchen. The same are reported to have been constructed by the appellant before February, 1969. The area thereof is 497. The applicant is entitled to have this area transferred alongwith its three times plinth area. May allow to summon the applicant." Appellant as well as others were called for by the Deputy Administrator (Residual Properties), Sialkot, who transferred the portion constructed by Abdul Ghaffar etc. on the ground that the notice for demolition issued by the Cantonment…

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