Case Details

Citation(s)
1991 SLG 1149 1991 SLD 1149 1991 SCMR 1255
Supreme Court of Pakistan
Civil Appeals Nos. 22-Q, 23-Q and 48-Q of 1990, decision dated: 26-08-1990(From the judgment of High Court of Balochistan, Quetta, dated 24-4-1990 passed in Civil Revision No.56 of 1989)
SHAFIUR RAHMAN, ABDUL QADEER CHAUDHRY AND AJMAL MIAN, JJ

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Civil Appeals Nos.22Q and 2 others3Q of 1990 Syed SAIFULLAH

BOARD OF REVENUE, BALOCHISTAN through its Member (RJT) and 4 others

Civil Appeal No. 48O of 1990

Syed SAIFULLAH

Mst. MUHAMMADZAI and 3 others

Law:

Section:

Martial Law Orders (M. L. A.'s Zone `D')--No.46---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.2---Cancellation of allotment---Appellant's claim was based on an undertaking by which he had undertaken to get allottee's claim settled and in return he was to get a share of 25 per cent in the allotted land---Allotment in question having been made in 1979 to original allottee was subsequently cancelled by recourse to Martial Law Order No.46---Appellant's Constitutional petition against cancellation of allotment was dismissed on -the ground that he had no locus standi to challenge cancellation of allotment ---Un-allotted agricultural land, after repeal of the Evacuee Laws in 1975 vested in the Provincial Government against price paid for the same---Disposal of such land had to take place according to scheme framed by Provincial Government--- Scheme framed by Provincial Government made no provision for allotments to be made against pending verified Produce Index Units---For such reason, allotment made after 1975, in favour of persons from whom appellant was claiming was wholly without jurisdiction and lacking in authority---Notwithstanding that such allotment was made on the directions of Board of Revenue, it could not be recognised in law nor could it be allowed to stand on record, being void ab initio---Cancellation of such allotment, even by an illegal order would not suffer from any infirmity but would rather re-establish legal and correct status of property---Decree of Civil Court which appellant claimed to have got in his favour could not remain intact in view of legal status of property---Supreme Court found, though for reasons somewhat different recorded by the High Court, that dismissal of Constitutional petitions and acceptance of revision was the requirement of law being justified in circumstances---Appeals being without merit were dismissed. Mian Fazal Din v. Lahore Improvement Trust, Lahore and another PLD 1969 SC 223 and Dr. S. Jahl Asghar v. Messrs Atlas Industries and Trading Corporation and another 1984 SCMR 1 ref. JUDGMENT SHAFIUR RAHMAN, J.---This judgment disposes of three appeals, the subject-matter of which is the…
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