| Citation(s) |
|---|
| 1991 SLG 550 1991 SLD 550 1991 PLD 702 |
Supreme Court of Pakistan
Civil Appeals Nos. 420 to 422 of 1988, decision dated: 13-04-1991.
MUHAMMAD AFZAL ZULLAH, C.J. AND ABDUL QADEER CHAUDRY, J
Kh. Muhammad Farooq, Advocate Supreme Court and S. Inayat Hussain Shah, Advocate-on-Record (absent) for Appellants (in Civil Appeal No. 420 of 1988). Ch. Ghulam Dastgir, Advocate-on-Record No. 4 (in Civil Appeal No. 420 of 1988). Nemo for the Remaining
Civil Appeals Nos. 420 to 422 of 1988, decision dated: 13-04-1991.
MUHAMMAD AFZAL ZULLAH, C.J. AND ABDUL QADEER CHAUDRY, J
Kh. Muhammad Farooq, Advocate Supreme Court and S. Inayat Hussain Shah, Advocate-on-Record (absent) for Appellants (in Civil Appeal No. 420 of 1988). Ch. Ghulam Dastgir, Advocate-on-Record No. 4 (in Civil Appeal No. 420 of 1988). Nemo for the Remaining
ABDUL HAMEED and others
VS
SETTLEMENT COMMISSIONER (LANDS) and others
Law:
Section:
Displaced Persons (Land Settlement) Act (XLVII of 1958)------ S. 10 --- Allotments were made to appellants in partial satisfaction of their claim but a number of units of appellant's claim still remained unsatisfied and were pending in the relevant Chak --- Chief Settlement Commissioner by a policy decision declared certain land in the relevant district as evacuee property and directed the Deputy Settlement Commissioner (Lands) of the area to utilize the said land for allotment to displaced persons under the Rehabilitation Settlement Scheme --- Appellants whose claim had been transferred to the relevant Chak and who were sitting allottees in the said Chak became entitled to the transfer of said land --- Respondents, however, made application about the land in dispute and claimed status of informers and asked for the transfer of lands available in the Chak --- Deputy Settlement Commissioner (Lands) passed orders in favour of the respondents to the effect that the land being evacuee property should be taken away from the previous allottees and transferred to the respondents and a Robkar was accordingly sent to the Chairman, Allotment Committee for the implementation of the orders --- Appellants' appeal and revision were dismissed and writ petition also met the same fate --- Respondents did not press for their status as informers before the Supreme Court --- Nothing on record was available to show that the major part of the respondents' units had similarly been adjusted and the land in dispute had been given to them for satisfying their remaining insignificant or proportionately lesser number of P.I. Units --- Sufficient material had not been brought on record to show as to how the respondents' units came to be satisfied in the estate in question --- Plea of appellants that they were prior sitting allottees in' the Chak (as distinguished from allottees of the land in dispute) could not adequately be adjudicated Upon in absence of the circumstances in which the respondents' units were brought to the relevant estate --- Supreme Court, after hearing both sides at length and keeping in view the paucity of material placed on record by the appellants observed that the…
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