Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975

Section: 2(2)

Law: Constitution of Pakistan, 1973

Section: 199

Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)-------S. 2(2)---Constitution of Pakistan (1973), Art. 199---Constitutional petition--�Allotment of evacuee land after repeal of evacuee laws--- Respondent's claim to allotment having been decided after repeal of evacuee laws. her entitlement certificate was issued thereafter---Notified officer treating respondent's case to be pending, allotted her specified land ---Validity ---Respondent's claim for allotment of land admittedly not being pending when evacuee laws were repealed with effect from 1-7-1974, she was not entitled to allotment of land---Only remedy available to respondent after repeal of evacuee laws was to apply for cash compensation for which relevant Department was ready to make payment against her entitlement---Order of alldtment to respondent having been made after repeal of evacuee laws, was declared to be illegal and set aside.Syed Ali Ibne Muhammad and others v. Province of Punjab, Settlement and Rehabilitation Wing through Member, Board of Revenue 1988 SCMR 1789 ref.JUDGMENT The petitioner has assailed through this constitutional petition order for dated o-12-1992 passed by Talib Hussain, Chief Settlement Commissioner. Punjab, Lahore whereby he accepted the miscellaneous application of respondent No.l for allotment of agricultural land against her verified claim 1349 P.l. Units. 2. Brief facts of the case are that respondent -No.l is refugee from Jammu and Kashmir. She filed Claim Form No.2152/AJK for her abandoned agricultural land, and it was verified on 28-2-1979 whereafter Central Record Office issued entitlement certificate for 1349 rural P.I. Units on the Q.P.R. form filed by her on 4-4-1979. On the basis of said entitlement certificate, the petitioner requested for allotment of any available rural agricultural land against her pending units. Her application was examined by the Settlement Department and ultimately reported that land could not be allotted against entitlement certificate issued on 4-4-1979 as the allotment was banned by the Government in 1973 and Settlement Laws having been repealed with effect from 1-7-1974, the only remedy available to…