| Citation(s) |
|---|
| 1999 SLG 385 1999 SLD 385 1999 SCMR 1610 |
Supreme Court of Pakistan
Civil Appeal No. 126 of 1992, decision dated: 5-05-1999. (On appeal from the judgment/order, dated 27-2-1991, of the Lahore High Court, Lahore, passed in Writ Petition No.2-R of 1991)
SAIDUZZAMAN SIDDIQUI, SH. IJAZ NISAR AND KAMAL MANSUR ALAM, JJ
Ch. Khurshid Ahmad, Advocate Supreme Court and Ch. Muhammad Hassan, Advocate Supreme Court for Appellants. Abdul Shakoor Paracha, Advocate Supreme Court for
Respondents
Civil Appeal No. 126 of 1992, decision dated: 5-05-1999. (On appeal from the judgment/order, dated 27-2-1991, of the Lahore High Court, Lahore, passed in Writ Petition No.2-R of 1991)
SAIDUZZAMAN SIDDIQUI, SH. IJAZ NISAR AND KAMAL MANSUR ALAM, JJ
Ch. Khurshid Ahmad, Advocate Supreme Court and Ch. Muhammad Hassan, Advocate Supreme Court for Appellants. Abdul Shakoor Paracha, Advocate Supreme Court for
Respondents
Mst. JAMILA BEGUM and others
VS
ANWARUL HAQ and others
Law:
Section:
(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)--Ss. 10 & 11 --- Constitution of Pakistan (1973), Art. 185(3) --- Leave to appeal was granted by Supreme Court to examine as to whether the statutory Authorities and the High Court had examined in the correct perspective the existence, finality and the effect of proceedings under Ss.10 & 11, Displaced Persons (Land Settlement) Act, 1958 which were said to have been started in 1965 and concluded in 1968. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ---- Ss. 10 & 11 --- Allotment of allottee was cancelled on the ground that he Itad already got land in some other village against his entire claim and was not left with any right to get land in the relevant Chak --- Appellant had failed to furnish any explanation for non-mentioning the order by which the allotment had been cancelled in the proceedings before Supreme Court and Settlement Authorities ---Effect --- Failure of appellant to press into service the order cancelling the allotment at the proper time, if the same actually existed, High Court rightly declined to interfere with the order passed by Deputy Settlement Commissioner (L) whereby he had refused to act upon the order of cancellation of allotment purportedly passed by the Deputy Settlement Commissioner (Land) under Ss. 10 & 11, Displaced Persons (Land Settlement) Act, 1958. JUDGMENT SH. IJAZ NISAR, J--This appeal by leave of the Court is directed against the judgment, dated 27-2-1991, passed by the Lahore High Court, Lahore, in Writ Petition No.2/R of 1991. 2. The relevant facts of this case are that Fateh Muhammad predecessor-in-interest of respondents Nos. I to 8 owned land in three villages in India, namely, Okala, Baghbanpura and Ahmadwala Mund. On the basis of the claim filed by him he was allotted land in Chak No.361/JB against Khata No.89 in partial satisfaction of his entitlement. His remaining units were transferred to Chak No.350/JB where he was allotted land measuring 78 Kanals, I Marla in Khata No. 101, which was subsequently cancelled on 18-2-1954 on the ground that it was reserved for allotment to refugees from U.P. and C.P. 3. Feeling aggrieved,…
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