| Citation(s) |
|---|
| 1998 SLG 1196 1998 SLD 1196 1998 CLC 112 |
Lahore High Court
Writ Petitions Nos.280/R of 1985, 321-R of 1984 and 117-R of1989, decision dated: 19-05-1997
M. JAVED BUTTAR, J
S. Rashad Masood Ghangohi for Petitioner (in Writ Petition No. 2811-R of 1985). Talrir Qayyurn Lodlii on behalf of Counsel for petitioners (in Writ Petition 321 -R of 1984). Ch. Muhammad Rafiq Khan for
Respondent No. 1. Muhammad Farooq Qureshi Chishti for
Writ Petitions Nos.280/R of 1985, 321-R of 1984 and 117-R of1989, decision dated: 19-05-1997
M. JAVED BUTTAR, J
S. Rashad Masood Ghangohi for Petitioner (in Writ Petition No. 2811-R of 1985). Talrir Qayyurn Lodlii on behalf of Counsel for petitioners (in Writ Petition 321 -R of 1984). Ch. Muhammad Rafiq Khan for
Respondent No. 1. Muhammad Farooq Qureshi Chishti for
REHMAT ALI
VS
THE BORDER AREA COMMITTEE and others
Law:
Section:
West Pakistan Border Area Regulation, 1959 [M.L.R. (Zone B)]-------No.9, paras., 10, 11 & 13, Sched. III, Conditions 10 & 11 [as amended by West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance (III of 1981)]---Scheme for Determination of Price, Terms and Conditions for the Allotment of Land under Martial Law Regulation No.9, Zone B, para. 6(1)(b)---Displaced Persons (Land Settlement) Act (XLVII of 1958), S.4--Border Area Committee can scrutinize allotment of any State land or immovable evacuee property within any border area at any time and on being satisfied that the allotment was made to a person not eligible for allotment, can cancel such allotment and direct the allottee to surrender same forthwith---Any such property surrendered or taken into possession in pursuance of the said Regulation can be allotted by the Committee in such manner and on such terms and conditions as are described in the Schedules annexed to the Regulation---Allotment is liable to he cancelled if' the land is transferred by the allotte to any person without the permission of General Headquarters---No conflict is found between Displaced Persons (Land Settlement) Act, 1958 and West Pakistan Border Area Regulation, 1959 for Regulation continues to exist on the statute book despite tire repeal .of' Evacuee and Settlement Laws---If there is any illegality or impropriety in making allotment of land in Border Area by the Committee the procedure prescribed in the Regulation has to be followed and none outside the same. Muhammad Ibrahirn v. Havaldar Muhammad Ilyas and 3 others 1983 CI.C 963; Abdul Ghafoor and others v. Muhammad Ismail PLD 1982 SC 364; Muhammad Rafiq and 2 others v. Border Area Committee and another 1982 CLC 1196, Abdul Karim v. Tile Border Area Committee, District Kasur 1980 CI.C 670; Haji Saleh Muhammad and 2 others v. Haji Jumma Khan Agha and 4 others 1983 SCMR 587; Chief Engineer, Building Department v. M/s. Pakistan National Construction 1988 SCMR 723; Sher Afzal Khan and others v. Haji Razi Abdullah and others 1984 SCMR 228; Manzoor Husain v. Fazal Hussain and others 1984 SCMR 1027; Province of Punjab and others v. Member (Colonies); Board of…
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