Law:

Section:

Displaced Persons (Land Settlement) Act (XLV11 of 1958)-------S. 10---Constitution of Pakistan (1973), Art. 185(3)---Petitioners' allotment against "Zaira Maufi" was cancelled on the basis of "Mukhbari" application filed by respondent and ultimately allotted to respondent---High Court upheld the decision of Authority holding that retention of land by petitioners for a long period of years without either surrendering it or moving the authorities concerned for its purchase was nothing but fraud; that provisions of S. 10 of Act XLVII of 1958 were clearly attracted to their case---Leave to appeal---Petitioners' contention was that even if provisions of S. 10,, Displaced Persons (Land Settlement) Act, 1958 were attracted to his case, the effect would only be that the land was liable to be cancelled, but even then petitioners were entitled to purchase the land so resumed and the same could be allotted to respondent only if the allotment of petitioners was deemed to have been obtained fraudulently or was bogus and furthermore such fraudulent and bogus allotment had come to light as a result of information furnished by the informant; that neither the allotment of petitioners was found to be fraudulent or bogus nor did the aforesaid allotment came to light on the information furnished by respondent but was already in the knowledge of the Authorities as a result of scrutiny carried out by the Inspection team when it visited the area---Contentions raised by petitioners required consideration---Leave to appeal was granted. ORDER NASIM HASAN SHAH, J: --The petitioners had, inter alia, obtained an allotment of 29 kanals of land against 214 Units in respect of `zaira-maufi' land abandoned by them in India. However, under the relevant law no allotment could be obtained in lieu of such land. On the basis of the mukhbari application filed by respondent No. 2 under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958 the allotment in favour of the petitioners in so far as it related to the claim in respect of `zaira-maufi' land was cancelled and ultimately allotted by the Additional Settlement Commissioner to respondent No. 2 against his unsatisfied claim vide…

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