Law: Pakistan Rehabilitation Ordinance, (XIX of 1948)

Section: 9

Law: Displaced Persons (Land Settlement) Act, 1958

Section: 10 & 11

Pakistan Rehabilitation Ordinance (XIX of 1948)--S. 9---Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. 10 & 11---Requisitioned property---Effect of subsequent allotment---Property in question, stood vested in Central Government free from all encumbrances on issuance of notification under S.9(1), Pakistan Rehabilitation Ordinance, 1948---Notification No. F.16(41)/51-P was issued in 1951, and after requisition, such property was placed at the disposal of Provincial Government for purpose of establishing residential area---Petitioner's predecessor being a displaced person was allotted land in question, which was confirmed on 24-6-1965---Subsequently, however, such transfer in favour of displaced person (petitioner's predecessor) was declared to be void---Effect---Land in question, having been requisitioned by the Central Government long before allotment of same to petitioner's predecessor, such land neither formed part of compensation pool nor same was available for transfer under provisions of Displaced Persons (Land Settlement) Act, 1958---Such property being not available in the compensation pool, its transfer in favour of petitioner's predecessor issued through Khatuni in 1965 was, therefore, not legal.JUDGMENT SAEEDUZZAMAN SIDDIQUI, J: --The petitioners have sought leave to appeal against the judgment of a Division Bench of High Court of Sindh dated 11-8-1993 whereby Constitution Petition No. 135 of 1990 filed by the petitioners was dismissed and the order passed by Additional Deputy Commissioner-I, Hyderabad holding that the suit property was not available for allotment out of the compensation pool in favour of the petitioners, was upheld. The relevant facts of the case are that one Nabi Jan, a displaced person from India, was allotted land measuring 1.8 Acres and 2.7 Acres out of Survey Nos. 61 and 62 respectively belonging to Hindu evacuee namely Keval Ram Shamdas in Hyderabad District. This allotment was confirmed under the Displaced Persons (Land Settlement) Act, 1958 (hereinafter to be referred to `the Act' only) by issuance of Khatauni No.9/12/252/4 which bears the date of 24-6-1965. That on the basis of Khatauni name of…