Law:

Section:

Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)--- ----S.2---Constitution of Pakistan (1973), Art.199---Constitutional petition---Cancellation of allotment of evacuee property---Property purchased by petitioners under registered sale-deed and duly mutated in the revenue record, had been ex-propriated on the ground that it belonged to the Forest Department under the law declared by Supreme. Court in its reported as 1991 SCMR 1426 which had provided that allotment of evacuee property in the possession of the Forest Department made by orders of the Settlement Authorities passed on or before 27-2-1965 had been protected and allotments made or alleged to have been made after said date had been declared illegal---Counsel for petitioners had alleged that impugned order was also passed without hearing the petitioners---Impugned order was alleged to be mechanical by failing to advert to the crucial criterion of date of allotment, whereby fate of title in the disputed land was to be determined---Petitioners were granted an opportunity to appear and establish before authorities through documentary material that date of allotment of disputed land was prior in time to the target date given in the of Supreme Court, if that was accomplished the underlying premise of impugned order would disappear and authorities would have to pass a fresh order in accordance with law in the proceedings---Petitioners were given six weeks time to present such material before authorities---If petitioners failed to produce documentary material proving a qualifying data of allotment of disputed land by the Settlement Authorities within the time allowed, impugned order would stand. ORDER UMAR ATA BANDIAL, J.---This petition is filed against the impugned order dated 7-12-2005 passed by the EDO(R) respondent No.1 whereby the petitioners immovable property purchased under registered sale-deed dated 2-9-1990 and duly mutated in the revenue record on 12-9-1990 has been ex-propriated on the ground that it belongs to the Forest Department under the law declared by the Hon'ble Supreme Court in its judgment reported in Province of Punjab v. Muhammad Mehmood Shah 1991 SCMR 1426. He has…

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