Law:

Section:

Border Area Scheme----- Para.l0--Constitution of Pakistan (1973), Art.185(3)---Land in question was initially allotted to respondents but same was cancelled and subsequently allotted to petitioners---High Court in Constitutional jurisdiction, remanded case for reconsideration---Border Area Committee after hearing respondents, and examining the entire record arrived at the conclusion that the allotment in respondents' favour was illegal and deserved to be cancelled, and that, allotment in favour of petitioners was valid and should be maintained---Border Area Committee's decision in favour of petitioners was set aside by High Court--Leave to appeal was granted to consider as to whether the allotment made in favour of respondents was in accordance with law. ORDER JAVID IQBAL, J.--This petition for leave to appeal is directed against the judgment of the Lahore High Court, Lahore, dated 28th October. 1985 whereby I.CA. of respondents 3 and 4 was accepted. Briefly the facts are that two parcels of agricultural land in village Nathuki, Tehsil and District Lahore were allotted to the aforesaid respondents by Border Area Committee in 1964. On their depositing of the price the land in question was confirmed in their favour on 25th April, 1970. On 14th October, 1970 the Committee cancelled the allotment on the ground that they were fictitious and bogus and on 22nd October, 1970 all this land was allotted to the predecessor-in-interest of the present petitioners namely Brigadier Zafar Ali. On this the aforesaid respondents challenged the allotment by way of writ petition which was accepted by the High Court and the case was remanded to be decided afresh after hearing the said respondents. The Committee considered the matter again and arrived at the conclusion that the allotment made in favour of…

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