Law:

Section:

(a) Pakistan (Administration of Evacuee Property) Act (XII of 1957)--- ----S. 25(2)---Notification No.186-88/1316-CIV, dated 12-6-1988--­Exchange of State land with evacuee land---Allottee in possession of evacuee land---Proposal of allotment confirmed in favour of allottee---Proposal of the Authorities regarding exchange of land in possession of the allottee was assailed before High Court on the ground that the proposal of the Authorities was against the provisions of Notification No. 186-88/1316-CIV, dated 12-6-1988---Plea raised by the Authorities was that the allottee was not in possession of the land---Reliance of the Authorities was on the report of field staff --Validity-- -Allottee in his Constitutional petition which was supported by affidavit pleaded that he was in possession of the land---Where the land was proposed for the allotment in 1953 and the proposal was accepted/confirmed on 29-5-1993, initial presumption was that the allottee was in possession thereof which could be rebutted by strong evidence by the Authorities which must be available with them---Mere reliance on report of the field staff in order to rebut such strong presumption was not sufficient from which Court was justified to infer that the allottee in fact was in possession of the land---Neither any affidavit of any member of the field staff to counter the affidavit of the allottee nor the report of the field staff was produced before High Court ---Allottee had fulfilled all the conditions mentioned in the Notification No.186-88/1316-CIV, dated 12th June, 1988 and he was entitled to the benefit of the Notification---Supreme Court directed the Authorities to pass formal order of adjustment of alternate land in the name of the allottee in accordance with law ---Appeal was allowed accordingly. (b) Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1957)--- ----S. 2---Pending proceedings---Effect---Proceedings under the repealed laws would be decided as if those laws had not been repealed---Scope of pending proceedings was also extended to cases which would be remanded by the High Court and the Supreme Court---Cases so remanded were to be decided according to the repealed…

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