Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958)--S. 10(2)---Constitution of Pakistan (1973), Art.185(3)---Land in question had been sold to respondents and was declared as a building site---Allotment of such land to Mukhbars---Validity of---High Court found that Settlement Authority was incompetent in law to make the allotment to informants as the land in question had been declared as a building site by Notification dated 16th May, 1973---High Court thus, allowed Constitutional petition of respondents against petitioners and set aside allotment in their favour---High Court was right in holding that in the face of the Notification dated 16-5-1973, declaring the urban lands within Municipal limits as "building sites", no allotment of such lands on basis of claimants' units, whether urban or rural, could be made---Leave to appeal was refused in circumstances. ORDER NASIM HASAN SHAH, J.---The relevant facts are that an area measuring 207 kanals 13 marlas out of the land in dispute was allotted to one Badar-ul-Hassan on 19-12-1972 and another area measuring 104 kanals 12 marlas was allotted to one Qureshi Abdur Rchman on 29-12-1972. A mukhbari application was filed by Ahmad Khan (respondent No.7), Muhammad Abdul Latif, father of Mst. Noor Jehan (respondent No.5) and Abdus Salam (respondent No.6) alleging that the allotments were obtained illegally and fraudulently. This mukhbari application was accepted by the Additional Settlement Commissioner (Land) with powers of the Chief Settlement Commissioner (Land) (Ch. Faiz Muhammad) vide order dated 25-3-1974. The area which stood allotted to Badar-ul-Hassan and Qureshi Abdur Rehman was cancelled and it was directed that the same should be allotted to the informants. Accordingly, the land was transferred in their favour on…

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