Law:

Section:

West Pakistan Border Areas Regulation, 1959 (MLR No.9) (Zone "B")-------Regln. 9 & Sched. III Condition 11 [as added by West Pakistan Areas Regulation, 1959 (Punjab Amendment) Ordinance (III of 1981)]---Constitution of Pakistan (1973), Art.199---Constitutional petition---State land in Border Area, allottee of---Transfer of land by allottee or his heir without obtaining prior "NOC" from GHQ (Army)---Cancellation of such transfer of Border Area Committee---Validity---Condition 11 added in Sched. III of West Pakistan Border Areas Regulation, 1959 through West Pakistan Border Areas Regulation, 1959 (Punjab Amendment) Ordinance, 1981 would not have retrospective effect---Purpose of Regulations, 1959 being satisfaction of Army Authorities about credentials of a person entering into such land through transfer by its allottee or his heir---Neither. anybody nor any criteria was provided in Regulation, 1959 to enable Border Area Committee to check alienation itself---High Court emphasized on Authority to adopt some measures to check such alienation itself---High Court dismissed constitutional petition with directions to petitioner, if so advised, to apply to competent authority for obtaining "NOC" for such transfer. Rehmat Ali v. Border Area Committee and another 1998 CLC 112 ref. Ch. Muhammad Anwar and Rai Wali Muhammad for Petitioners. Amir Zahoor Chohan for Respondent. Date of hearing: 5th June, 2007. JUDGMENT MAULVI ANWARUL HAQ, J.--- The land mentioned in para.2 of the plaint was allotted to Syed Akbar Ali Shah by the respondent No.2 on 30-8-1965. The said allottee died and was survived by a son namely Shabbir Haider and a daughter namely Mehmooda Begum. Mutation No.23.5 of inheritance was attested in their favour on 23-4-1997. Shabbir Haider proceeded to gift away his share in favour of his wife and two sons vide Mutation No.278 attested on 29-3-1994. On the same date vide Mutation No.279 Ashraf Begum one of the donees sold away land measuring 36 Kanals to petitioner No.1, while Sarfraz Ahmad and Ali Raja Haider, donees, transferred their share in favour of petitioner No.2 vide Mutation No.373 attested on 5-6-2000. The petitioner's have filed this writ petition…

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