Law:

Section:

Displaced Persons (Land Settlement) Act (XLVH of 1958)--Ss. 10 & 11---Constitution of Pakistan (1973), Art. 185(3)---Legal heirs of original informer, who had moved application for cancellation of allotment which as per his assertion was based on fraud, claimed to have been condemned unheard---Supreme Court in earlier round of litigation had remanded case to Notified Officer for fresh decision after giving opportunity of hearing to all parties concerned---Notified Officer in post-remand proceedings found that property in question had been validly allotted to original allottee---High Court affirmed order of Notified Officer---Validity---Petitioners claimed that they, as heirs of original informer, were necessary/proper parties and were. thus, entitled to be heard by Settlement Commissioner and, as such, no effective and legal order could be passed in their absence; that they were condemned unheard; that they had right to claim transfer of land in question; and that they were legal heirs of original informers in second degree---Leave to appeal was granted to consider the contention raised and to determine position/status of informers. A.R. Shaukat, Advocate Supreme Court instructed by Tanvir Ahmad, Advocate-on-Record for Petitioners. M. Iqbal Chaudhary, Advocate Supreme Court instructed by Sh. Salahuddin, Advocate-on-Record for Respondents. Date of hearing: 17th March, 1996. ORDER RAJA AFRASIAB KHAN, J.---On 2nd of January, 1991, this Court passed the following orders:-- "For the reasons stated above, we accept this appeal and declare the order dated 15-1-1974 of Ch. Iqbal Ahmad Mehmood and the order dated 28-5-1978 of the Settlement Commissioner in so far as Khata No.967 is concerned to be without lawful authority and of no legal effect. As regards Khata No.1048 the order of the Settlement Commissioner is set aside and the matter is referred to the notified officer for a fresh decision after giving; an opportunity of hearing to all the parties concerned. There will be no order as to costs." The Settlement Commissioner/Notified Officer, Gujranwala passed an order on 21-6-1995 holding that 1768 Kanals, 3 Marlas of land (equivalent to 3209 produce index units)…

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