Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975

Section: 2(2)

Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975) S.2(2) Allotment of garden made against claim was cancelled on the ground that the same was needed for the Municipality Allottee had been making efforts to obtain land in lieu of the cancelled allotment for the last 30 years Allottee's claim against the garden land having not been satisfied it could not be said that his case was not pending in terms of S.2(2) of the Act. THIS JUDGMENT DELIVERED BY: AJMAL MIAN, JUSTICE:---.--- This is an appeal with the leave of this Court against the judgment dated 10 5 1990 passed by a Division Bench of the High Court of Sindh in Constitution Petition No. D 892 of 1987, filed by respondent No. 1 for a direction for allotment of 4 1/2 acres of land from Survey No.21 of Dch Bitti Amri, hereinafter referred to as the land, allegedly already in possession of respondent No.1, allowing the same as follows: "12. In view of above, we allow this petition and direct the respondents Nos. 1 and 2 to direct the notified authorised officer to satisfy the claim of the petitioner out of evacuee land comprised in Survey No.21 of Deh Bitti Amri as far as it may be possible under the Scheme applicable at the relevant time." The learned Judges of the Division Bench also made the following observation before concluding the above judgment: "13. Before parting with the case as we have noticed that the Society with the active assistance of certain officers of the K.DA. and Revenue Department succeeded to illegally occupy valuable Government land, we would leave it open to the respondent No.1 to order or conduct a probe in the matter and take appropriate action against the delinquent officers. A copy of this judgment shall be sent to him." 2. The brief facts are that respondent No.1, who migrated to Pakistan from India, had verified claim for agricultural land equivalent to 1598 Produce Index Units, hereinafter referred to as P.I.U., and garden land equivalent to 259 P.I.U. His claim for agricultural land was satisfied, whereas against garden land, he was allotted a garden known as Ghian Bagh situated in Larkana. He was given possession thereof as per averment of respondent No.1.…

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