Case Details

Citation(s)
1991 SLG 498 1991 SLD 498 1991 PLD 391
Supreme Court of Pakistan
Civil Appeals Nos. 274 and 275 of 1978, decision dated: 2-02-1991.
NASIM HASAN SHAH AND RUSTAM S. SIDHWA, JJ
S.M. Tayyab, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate-on-Record for Appellants (in both the Appeals). Ch. Muhammad Abdullah, Advocate Supreme Court instructed by Rana MA. Qadri, Advocate-on-Record No. 1 (in both the appeals).

GHULAM MUHAMMAD and another

VS

AHMAD KHAN and another

Law:

Section:

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)------- S. 2(l)---'Allotment' --- Definition --- Only such allotments which have been made in lieu of any claim registered and verified come Within the purview of the definition of 'allotment' under S.2(1). (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ---- Ss. 10 & 2(l) --- Allotment obtained by means of fraud and false representation was liable to cancellation under S.10 --- Where land granted to any person was not in the nature of an 'allotment' as understood in S.2(1) of the Displaced Persons (Land Settlement) Act, 1958 the provision of S.10 of the Act would not be attracted. (c) Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ---- Ss. 14 (1-A) [as introduced by Displaced Persons (Land Settlement) (Amendment) Ordinance (VI of 1974)], Ss.10, 11 & 2(1)--- Where any person had furnished information about the bogus and fraudulent 'allotment' of land, only in such a case land could be resumed---Where the land had not been 'allotted' under the Act or any Rehabilitation Scheme the question of resumption of the land granted to persons ex gratia would not arise. Pakistan Tanneries Ltd. v. Hidayat Ullah PLD 1972 Lah. 880 ref. Pakistan Tanneries Ltd. v. Hidayat Ullah PLD 1972 Lah. 880 (d) Displaced Persons (Land Settlement) Act (XLVII of 1958)----- ---- Ss. 10, 11 & 2(l) --- Land temporarily transferred to Jammu and Kashmir Refugees for purpose of their maintenance could not be cancelled by Chief Land Commissioner, such land in fact having become the property of Ministry of Kashmir Affairs in 1960 and excluded from the compensation pool --- Neither Chief Settlement Commissioner nor his delegate thus -had any jurisdiction to cancel such allotment and allot it to informant. Muhammad Din and others v. Allah Lok and others 1989 SCMR 323 ref. JUDGMENT NASIM HASAN SHAH, J.--- These appeals, by leave of this Court, are directed against the dismissal by the Lahore High Court of appellants' writ petitions. As the appeals are directed against a consolidated order dismissing the two writ petitions filed by the respective appellants herein, in the High Court at Lahore, they can be…
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