Law:

Section:

Settlement Scheme No. VII--Para. 3---Constitution of Pakistan (1973), Art. 185(3)---Entitlement to transfer of village site in rural area---Leave to appeal was granted to consider, whether Settlement Authority failed to consider that building site in question was validly transferred as industry under relevant law when it had already been constructed upon and occupied by petitioners before 1955 and at their request same was omitted from auction list and specially when their applications/forms for its transfer were pending decision; whether High Court misread and failed to take notice of legal point involved in the case; and whether Deputy Settlement Commissioner to whom case was remanded for decision on merits failed to carry out independent inquiry and whether he was justified to ask for guidance from Member, Board of Revenue, who had no say in such matter in law and whether such opinion should have formed basis for judicial determination of dispute. Awan Muhammad Hanif Khan, Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record for Petitioners. A.R. Shaukat, Senior Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Respondents Nos. 1 to 5. Date of hearing: 11th November, 1996. ORDER FAZAL ILAHI KHAN, J---Petitioners seek leave to appeal against the judgment/order dated 10-4-1996 passed by the learned Lahore High Court, Lahore in Writ Petition No.2-R of 1990. 2. It was contended by the learned counsel for the petitioners before us that the petitioners and respondents Nos.15 arid 16 are displaced persons from India and on their migration they settled on a piece of land bearing Khasra Nos.25/2/1 and 25/2/2 measuring about 3 Kanals 16 Marlas situated in Chak No. 127-G.B., Tehsil Jaranwala, District Faisalabad. They raised construction over the site and subsequently on coming into force of the Settlement Laws they applied for transfer of the pieces of land under their respective occupation. This fact is reflected in the Jamabandi for the year 1956-57. Subsequently, when these plots (constructed areas) were shown in the auction list in the year 1967 on the objection of the petitioners these plots were withdrawn from the auction-list, as their…

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