Law:

Section:

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----Ss.10 & 11---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted on ground that question involved was similar to questions involved in some other appeals. (b) Displaced Persons (Land Settlement) Act (XLVII of 1988)--Ss. 2(1), 10, 11 & 14---Constitution of Pakistan (1973), Art. 185--­Temporary allotment of land to Jammu and Kashmir Refugees did not amount to "allotment" of land within meaning of S.2(1), Displaced Persons (Land Settlement) Act, 1958---Such allotments stood excluded from compensation pool---Chief Settlement Commissioner had no jurisdiction to cancel or resume such land under S. 14 or under Ss.10 & 11, Displaced Persons (Land Settlement) Act, 1958---Orders passed by Chief Settlement Commissioner and the High Court to the contrary were set aside---Orders of temporary allotment of land in favour of Jammu and Kashmir Refugees were maintained in circumstances. JUDGMENT NASIM HASAN SHAH, J.---These two appeals are directed against a common order passed by a learned Single Judge of the High Court on 21-11-1988 and are, therefore, being disposed of together. The facts, which form the background in brief, are that the appellants/their predecessors in the two appeals were temporarily allotted land as Jammu & Kashmir refugees but these allotments were cancelled on 11-5­1976 by the delegate of the Chief Settlement Commissioner in pursuance of Mukhbari application submitted under section 14 read with sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958 which were submitted by the Mukhbars allegedly on 20-3-1974: The said orders were challenged…

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